1 00:04:25,56 --> 00:04:28,17 Good evening everyone I want to thank everyone for coming out tonight for this 2 00:04:28,18 --> 00:04:31,07 special session the last the clerk to announce the meeting and call the world 3 00:04:31,84 --> 00:04:36,36 a special session is being held on Thursday April tenth two thousand and fourteen 4 00:04:36,37 --> 00:04:37,49 at five o'clock P.M. 5 00:04:37,50 --> 00:04:42,45 In the commission chambers Regarding code of ethics charter organise discussion and 6 00:04:42,46 --> 00:04:46,53 help the campus presentation immediately following late Binik they could have 7 00:04:46,54 --> 00:04:52,69 a session in one conference room because reading labor negotiations. Roll call Max 8 00:04:53,01 --> 00:04:59,45 here Cain Markley Walters. Walker 9 00:05:00,14 --> 00:05:06,48 Townson. Nokia Holland here 10 00:05:07,74 --> 00:05:13,15 all right thank you very much we have. Done a series of discussions on 11 00:05:13,16 --> 00:05:16,85 a variety of topics and the commission has asked for 12 00:05:16,86 --> 00:05:21,94 a number of discussions and we have worked diligently to work through that. Through 13 00:05:21,95 --> 00:05:26,65 the last several months and pleased to say that we've I believe we've addressed 14 00:05:26,66 --> 00:05:30,34 every issue Commission has brought up so tonight there was 15 00:05:30,35 --> 00:05:32,98 a request for ethics and for 16 00:05:32,99 --> 00:05:36,08 a charter and so we're going to have that discussion tonight we appreciate all of 17 00:05:36,09 --> 00:05:42,61 those of you who came tonight. So what I want to do is each different program has 18 00:05:42,62 --> 00:05:46,66 been requested by different commissioners the ethics were requested by Commissioner 19 00:05:46,67 --> 00:05:52,62 Maddox commissioner and Commissioner Walker and so commissioner Manik saw ask you 20 00:05:52,63 --> 00:05:56,55 to lead off and you had requested this and just want to invite you to start us off 21 00:05:56,56 --> 00:06:03,14 tonight well thank you Mary. Appreciate the 22 00:06:03,15 --> 00:06:09,04 opportunity. But I'm I'm I'm learning and I'm ready to listen to conversations like 23 00:06:09,05 --> 00:06:16,03 everybody else so I will be fair mobbers whom I was when I listen and learn OK 24 00:06:19,22 --> 00:06:25,41 All right Commissioner good you want to start with the ethics piece. Then our work 25 00:06:25,42 --> 00:06:26,50 was that there was going to be 26 00:06:26,51 --> 00:06:33,05 a short presentation by our ethics administrator and our minister and about how I 27 00:06:33,06 --> 00:06:39,83 think. My well we I saw your email. Just 28 00:06:40,30 --> 00:06:44,30 last week this time last week that had requested that I think we do have 29 00:06:44,95 --> 00:06:48,72 a written report from them that was sent out today. 30 00:06:52,25 --> 00:06:58,92 That I mean and here's my piece well let it go I don't know when to sit Here's my 31 00:06:58,92 --> 00:07:02,84 issue though I mean they're required let's be clear you asked for this meeting six 32 00:07:02,85 --> 00:07:07,04 months ago and five days five business days before the meeting we get 33 00:07:07,05 --> 00:07:12,01 a pretty comprehensive list of requests for information and so we if we'd had more 34 00:07:12,02 --> 00:07:16,44 time I think we could have spent more time with folks getting that information to 35 00:07:16,45 --> 00:07:19,30 you so this is been on the calendar for 36 00:07:19,32 --> 00:07:24,39 a long time and in fact I put this on the calendar at our strategic plan so we knew 37 00:07:24,39 --> 00:07:28,44 this date was coming and with five business days notice I would say I'm very 38 00:07:28,46 --> 00:07:31,39 pleased that we had an opportunity to get a get 39 00:07:31,40 --> 00:07:37,13 a response in that time for now I think the response was great that we got back I 40 00:07:37,14 --> 00:07:37,46 did have 41 00:07:37,47 --> 00:07:42,61 a chance to review it we did get it late but I did get it. I still have requested 42 00:07:42,63 --> 00:07:47,32 though just like all the topics that we bring forward that are at the Simonis 43 00:07:47,33 --> 00:07:51,50 trader is able to present and kind like the framework about the extent especially 44 00:07:51,52 --> 00:07:55,52 since we have so many new commissioners OK Now everyone's been trained in the 45 00:07:55,53 --> 00:07:59,84 ethics training right all the commissioners go through that and I believe that 46 00:07:59,85 --> 00:08:04,67 ethics framework is given at the ethics training. So people have an understanding 47 00:08:04,68 --> 00:08:10,03 of that but you want yet if. That's been you could just skip over here 48 00:08:10,04 --> 00:08:14,83 a presentation of how ethics works and kind of the process that be great so that 49 00:08:14,84 --> 00:08:21,12 everybody is on the same page and everybody understands exactly how work has been 50 00:08:21,13 --> 00:08:24,59 in are you willing to step forward and perhaps use 51 00:08:24,60 --> 00:08:26,83 a document you presented today as a as 52 00:08:26,84 --> 00:08:38,76 a foundation for that. Can 53 00:08:38,77 --> 00:08:45,70 we get that can we get that microphone turned up please. I 54 00:08:45,71 --> 00:08:48,82 think it's a mine can you give us 55 00:08:48,83 --> 00:08:53,22 a test just test two three I'm not hearing it through the system 56 00:09:06,33 --> 00:09:10,73 can we use this microphone that's right here for the system to 57 00:09:13,73 --> 00:09:17,73 still doesn't sound like it's working there again I'm sorry Senator I want to make 58 00:09:17,74 --> 00:09:23,59 sure the people at home can hear as well as it sounds like it's work and let me 59 00:09:23,60 --> 00:09:27,77 make two presentational legal department work for the legislative auditors office 60 00:09:28,08 --> 00:09:34,18 which I think you set out the entire make up on the background of the ethics code 61 00:09:34,19 --> 00:09:37,31 and all the commissioners have had for the verify that they're given 62 00:09:37,32 --> 00:09:43,61 a copy of it as if it's sections of the code and I'm not going. To deal with the 63 00:09:43,62 --> 00:09:46,77 make up at the end of his life or 64 00:09:47,09 --> 00:09:53,58 a copy of this website labeled It's all yours and sections 65 00:09:53,59 --> 00:10:00,25 Elizabeth as traitors by Bob essentially the ethics commission lies to 66 00:10:00,76 --> 00:10:04,02 me by the Ethics Commission and myself is 67 00:10:07,94 --> 00:10:14,60 the county in his mind selected answer the questions by and 68 00:10:14,86 --> 00:10:20,90 I made out of. This project on the legislative auditors. 69 00:10:23,69 --> 00:10:28,56 There is no if I cover losses yet these days 70 00:10:33,21 --> 00:10:39,67 in the by government get the. Make up their own 71 00:10:40,35 --> 00:10:44,70 lives I mean 72 00:10:48,89 --> 00:10:49,11 that's 73 00:10:49,12 --> 00:10:56,65 a very specific question OK OK so independent 74 00:10:56,66 --> 00:11:02,83 board selected by the chief judge Legislative Auditor and district attorney 75 00:11:03,59 --> 00:11:08,10 so like Spokeo and the commission kind of is wired as I understand 76 00:11:11,77 --> 00:11:18,44 but it can't be amended with the recommendation that these shall make 77 00:11:20,13 --> 00:11:27,11 except. Commission. 78 00:11:29,18 --> 00:11:30,82 Yeah I think that I mean at least that's 79 00:11:30,83 --> 00:11:36,56 a start so I would like to ask some of the questions that were asked in. That. 80 00:11:45,32 --> 00:11:46,19 What the criteria. 81 00:11:54,86 --> 00:12:00,33 What is the criteria. Is there any criteria for what the first. 82 00:12:04,05 --> 00:12:08,70 Letter. For the benefit for the meeting. 83 00:12:11,60 --> 00:12:14,24 Got. Very. 84 00:12:19,17 --> 00:12:24,08 I'm happy to read it in actually it's. That selection criteria. 85 00:12:26,67 --> 00:12:33,47 The question was What are the criteria sections. Of the states is 86 00:12:34,51 --> 00:12:39,92 the purpose of the mission Shelby to ensure proper implementation of the. U.N. 87 00:12:39,93 --> 00:12:46,04 Report on any and all other violations that the mission is responsible for 88 00:12:46,05 --> 00:12:52,58 conducting. And delivering on ethical issues and. The ethics 89 00:12:54,84 --> 00:13:00,41 commission shall be five members residing in the county wanted by the commission. 90 00:13:02,48 --> 00:13:08,14 On its surface since there's basically one consecutive for 91 00:13:09,82 --> 00:13:13,33 the panel one member of the Ethics Commission the service chairperson of the 92 00:13:13,34 --> 00:13:18,96 commission for your little term and he actually gets its mission for free 93 00:13:20,38 --> 00:13:24,67 in selecting the candidates it's what you're director for membership on the 94 00:13:24,68 --> 00:13:28,62 commission and the. Procedures relating to selection which is 95 00:13:28,63 --> 00:13:35,56 a minimum. Of interest for many eliminations from 96 00:13:35,57 --> 00:13:40,79 consideration persons convicted of a felony crime and purses 97 00:13:40,81 --> 00:13:46,23 a point it's the ethics commission that reputation persons appointed to the Ethics 98 00:13:46,24 --> 00:13:50,53 Commission should have no conflicts of it as defined in section sixty five that's. 99 00:13:52,18 --> 00:13:57,59 Representative. That's basically terms of 100 00:14:01,00 --> 00:14:01,00 . 101 00:14:10,92 --> 00:14:11,71 Consecutive. 102 00:14:24,27 --> 00:14:29,44 OK. Is it. 103 00:14:45,44 --> 00:14:50,49 If. You look at it in mind 104 00:14:50,50 --> 00:14:57,35 a little line. It's like the general populace is 105 00:14:57,94 --> 00:15:04,91 the ethics. That you're such as. Such but 106 00:15:06,15 --> 00:15:10,01 that. Is quite frankly. 107 00:15:32,01 --> 00:15:38,00 And if. Through that. 108 00:15:39,33 --> 00:15:46,27 That occurs by. I prefer the 109 00:15:46,28 --> 00:15:53,24 advisory violet on everything something 110 00:15:54,35 --> 00:15:58,43 like your record on this 111 00:16:01,35 --> 00:16:01,35 . 112 00:16:08,70 --> 00:16:13,56 But I can't. Offer the. Number of. 113 00:16:16,58 --> 00:16:23,53 Hypervisor can smell everyone. They want to buy that my office say you have an 114 00:16:23,54 --> 00:16:30,44 advisory opinion on this topic I can provide that they have their. Lives it's. 115 00:16:32,01 --> 00:16:32,73 Just that you have 116 00:16:32,74 --> 00:16:39,36 a back and forth I just. Looked up the public with the 117 00:16:40,17 --> 00:16:45,65 this is the advisory opinion I provided this is how. We also keep all the opinions 118 00:16:45,66 --> 00:16:52,08 and try to. Long. For clarity. 119 00:16:53,28 --> 00:16:59,39 My last question is is there. Respect website. 120 00:17:03,09 --> 00:17:09,67 Is there is there. A. Particular 121 00:17:10,18 --> 00:17:15,34 in terms of the on the part of the situation. 122 00:17:17,54 --> 00:17:23,37 Cases where I believe that this violation of almost all. Of its. 123 00:17:27,20 --> 00:17:31,47 Rights under the. Never been just my case is. 124 00:17:35,17 --> 00:17:41,01 In terms of elected officials. Not technically. It's that unless it's 125 00:17:42,89 --> 00:17:48,83 there. It's all private and the. Issue and the 126 00:17:50,26 --> 00:17:55,72 issue give them an opportunity and responsibility 127 00:17:57,19 --> 00:18:02,27 there's not a. Like a hearing to hire 128 00:18:02,28 --> 00:18:07,06 a body. It's not. 129 00:18:11,29 --> 00:18:17,45 A court of law. It's not like traffic where the RIGHT 130 00:18:19,19 --> 00:18:25,61 THERE IS NO The once and it's. After your 131 00:18:25,62 --> 00:18:28,86 investigation. About what happened. 132 00:18:32,74 --> 00:18:39,04 For that person. To be heard. 133 00:18:41,31 --> 00:18:48,09 This is. What every. They have the right. 134 00:18:49,58 --> 00:18:56,54 Decision preference in terms. Of censure that's. One 135 00:18:56,55 --> 00:19:01,61 of. The commission is not. There 136 00:19:04,37 --> 00:19:09,30 it's the legislative body that checks and balances. I make the recommendation 137 00:19:09,60 --> 00:19:16,35 legislative. Just for. That. Very 138 00:19:16,40 --> 00:19:23,36 clearly from our legal counsel there is not. Right now in 139 00:19:23,37 --> 00:19:28,42 our culture and it's because I think that just like the. 140 00:19:30,47 --> 00:19:36,80 Question is not to get covered it's the. Process. 141 00:19:45,83 --> 00:19:50,11 Walker. Place or. 142 00:20:04,00 --> 00:20:07,75 First issue. One would think that 143 00:20:07,76 --> 00:20:13,83 a person. Of the nation may. Be. 144 00:20:23,75 --> 00:20:25,36 In the. Right. 145 00:20:36,54 --> 00:20:36,70 Of. 146 00:20:43,83 --> 00:20:47,38 Every person. Anyone ever. 147 00:20:52,58 --> 00:20:56,49 Needs. And I don't disagree that you have 148 00:20:56,50 --> 00:21:04,03 a method of manner. We 149 00:21:04,03 --> 00:21:06,68 have to extend it. But it is this. 150 00:21:13,82 --> 00:21:19,09 I would note that I have been told that we are one of two cities out of six hundred 151 00:21:19,30 --> 00:21:24,47 twenty five. Separate other cities however. 152 00:21:28,46 --> 00:21:29,05 We received 153 00:21:29,06 --> 00:21:34,24 a request on. What we're looking at and I don't mind the mayor status or where I 154 00:21:34,25 --> 00:21:38,19 think it is but I don't want to go on record saying I know what I think Kansas City 155 00:21:38,26 --> 00:21:44,91 Missouri or Jackson County and whether that creates I don't check 156 00:21:45,90 --> 00:21:52,36 the factual question I don't. I will say that in general 157 00:21:53,34 --> 00:21:59,90 I'm very pleased with the way the process I 158 00:21:59,94 --> 00:22:05,22 have aligned with comments I think that. 159 00:22:07,95 --> 00:22:08,26 There is 160 00:22:08,27 --> 00:22:15,29 a phrase and they're. Greatly troubled by that particular phrase 161 00:22:15,37 --> 00:22:20,42 because it is not defined within three ethics administrator 162 00:22:22,55 --> 00:22:29,42 I've been here for all three of them and one of them. There are different to 163 00:22:29,43 --> 00:22:35,58 me there are differences now that term I would like. 164 00:22:38,95 --> 00:22:44,25 Let me give you an example. I certainly don't believe that 165 00:22:44,26 --> 00:22:47,83 a commissioner should go out for 166 00:22:48,43 --> 00:22:53,55 a game. Utilizes burgers for. 167 00:22:56,51 --> 00:23:03,42 Some other financial planner I am troubled by the 168 00:23:03,43 --> 00:23:07,37 fact that while your commission the end of the. 169 00:23:11,01 --> 00:23:15,90 Title you. When you're asked to get 170 00:23:15,91 --> 00:23:22,48 a killer group. Fundraiser you're the guest Baker 171 00:23:23,32 --> 00:23:30,02 which appropriately most often there is pressure. And 172 00:23:34,55 --> 00:23:40,89 . So then we have to define what those are and that's where I spend most of my time 173 00:23:40,93 --> 00:23:44,40 on. So if I write a letter for 174 00:23:44,41 --> 00:23:51,81 a student to be lost. And 175 00:23:51,82 --> 00:23:58,07 can you explain to me why that with. My. Life 176 00:23:59,76 --> 00:24:06,75 . I think I think that we're not 177 00:24:06,76 --> 00:24:13,06 going to agree. And I think what we need is an acceptable definition of what. 178 00:24:16,94 --> 00:24:23,57 Ordinary acceptable. I think 179 00:24:24,18 --> 00:24:30,80 in talking with my fellow commissioners. And what the term means 180 00:24:32,16 --> 00:24:38,31 rather than have yes I don't think it would be hard. 181 00:24:41,39 --> 00:24:47,72 Anything like. This if. 182 00:24:52,30 --> 00:24:58,42 It's. Well I think it's the commission's 183 00:24:58,99 --> 00:25:04,67 duty to define. And certainly of. 184 00:25:06,63 --> 00:25:07,69 The Ethics Commission had 185 00:25:07,70 --> 00:25:14,95 a recommendation defining that. We can third 186 00:25:15,52 --> 00:25:22,50 issue. Probably applies. It would seem 187 00:25:22,51 --> 00:25:22,83 that is 188 00:25:22,84 --> 00:25:41,37 a board member of any organ. We 189 00:25:41,38 --> 00:25:47,23 are required. Or if we are acting 190 00:25:48,75 --> 00:25:52,27 for we are then faced with. 191 00:25:55,52 --> 00:26:01,77 Either we resign or membership. In the organization 192 00:26:02,26 --> 00:26:05,82 on. So that we can engage in the section. 193 00:26:10,07 --> 00:26:15,98 There is no. However as 194 00:26:15,99 --> 00:26:20,52 a member of the. Commissioner is not required. 195 00:26:22,57 --> 00:26:27,41 Recuse himself from. That peculiar issue. 196 00:26:29,54 --> 00:26:36,10 Have something to do with. I understand that if there is bikini here again 197 00:26:36,48 --> 00:26:40,93 serving on the. Other considerations. 198 00:26:43,71 --> 00:26:50,00 That should be the case but I. Use the phrase I believe that under the current. 199 00:26:51,33 --> 00:26:57,57 Let me if I'm correct in my recollection it was not always that way there's been no 200 00:26:57,58 --> 00:27:02,33 changes to the conflict of interest section and. If you refuse or go there once 201 00:27:02,34 --> 00:27:08,72 there are commission members here and retained forge that organization 202 00:27:09,27 --> 00:27:15,63 and voted for projects that are that organization brought forth and did not reach 203 00:27:15,74 --> 00:27:21,68 you and I came in two thousand eight hundred nine No I know or but that Anderson 204 00:27:21,72 --> 00:27:26,41 has been it's kind of sad it may be only my opinion but I I think that. 205 00:27:28,74 --> 00:27:35,42 That particular aspect of recusal need to be read. You have any 206 00:27:35,43 --> 00:27:41,75 suggestions for in between or you simply don't want to know Well certainly and I 207 00:27:41,76 --> 00:27:46,27 mean what is clearly one one line in the sand would be if you're going to if you're 208 00:27:46,28 --> 00:27:53,06 making money off of that. Then you shouldn't you shouldn't be voting. All. 209 00:27:58,02 --> 00:28:02,97 How distant do you have to be from the issue. Seems to me to be 210 00:28:03,14 --> 00:28:06,47 a very difficult thing. To define. 211 00:28:12,18 --> 00:28:13,92 To me it should be you know you're 212 00:28:13,93 --> 00:28:19,76 a bright one if you're making money out of that particular organization or. You see 213 00:28:19,77 --> 00:28:24,45 I think what what it does it takes the commission in Marjah 214 00:28:24,46 --> 00:28:30,70 a lot to marginalize some degree and. I think that what happens is that you're 215 00:28:30,71 --> 00:28:37,11 forced to. Remove yourself from activities that you've been engaged in. And that 216 00:28:37,55 --> 00:28:42,90 for whatever reason you're interested in what we should be promoting is 217 00:28:43,34 --> 00:28:48,22 a continuing dialogue by all the commissioners in all the various organizations 218 00:28:48,31 --> 00:28:53,32 throughout our. Why you can go in here. 219 00:28:55,72 --> 00:29:01,18 I don't believe that the effect do you think it's counterproductive to do that. And 220 00:29:02,18 --> 00:29:05,64 the reality is if you're a board member and now you become 221 00:29:05,65 --> 00:29:10,10 a commissioner and you resign bring Gavan in the fiction that is the person who had 222 00:29:10,11 --> 00:29:14,34 a bias because they were on the board that bias goes away now because now they're 223 00:29:14,35 --> 00:29:14,64 just 224 00:29:14,65 --> 00:29:20,83 a member of the organisation. What what is the purpose of them. Those are the three 225 00:29:20,84 --> 00:29:27,48 areas that concern me. Commissioner 226 00:29:27,49 --> 00:29:34,27 Maddox thank you. I think I may also need some went to the 227 00:29:34,28 --> 00:29:39,21 polling. I've got a few questions the interesting thing about the epic O.E. 228 00:29:39,75 --> 00:29:45,55 Is that it often speaks to how it is to operate but it does not give 229 00:29:46,40 --> 00:29:52,56 a deep and now as is the actions of key individuals such as the ethics them in 230 00:29:52,57 --> 00:29:57,59 a straight or legislative Otter all those people who were involved with it so I 231 00:29:57,60 --> 00:29:57,89 just had 232 00:29:57,90 --> 00:30:07,92 a few questions for. You group and Mr with. And 233 00:30:07,93 --> 00:30:14,88 by the way I did do research about this department and at the state level as well 234 00:30:15,66 --> 00:30:20,93 when I spoke to the leader of Kansas municipalities I was told that there are six 235 00:30:20,94 --> 00:30:25,64 hundred twenty seven cities within the state of Kansas and two of them have 236 00:30:25,68 --> 00:30:31,74 a local Ethics department the rest of them adhered to the state ethics department 237 00:30:31,75 --> 00:30:37,98 there the State Department that actually regulates the local 238 00:30:37,99 --> 00:30:42,75 municipality so I wanted to put that out there because six hundred twenty seven. 239 00:30:43,92 --> 00:30:48,96 Cities in this in the state of Kansas and only two of them including ourselves have 240 00:30:48,97 --> 00:30:55,91 a local Ethics support group. I wanted to know. What is the role of 241 00:30:55,92 --> 00:31:01,77 an ethics administrator. I know I know it is speaks to what 242 00:31:01,78 --> 00:31:08,52 a little bit. Like. Covered in the training 243 00:31:08,88 --> 00:31:13,07 I provide training or do you always elected officials and when you do this and you 244 00:31:13,17 --> 00:31:13,47 step 245 00:31:13,48 --> 00:31:17,17 a little closer to the mike I do the investigations for the commission I write the 246 00:31:17,18 --> 00:31:22,03 advisory opinions and I handle him in straight affairs for the Ethics Commission OK 247 00:31:22,40 --> 00:31:29,40 OK I'm told also Section two to five. And 248 00:31:29,78 --> 00:31:35,97 six. OK. Right side. Two five five. 249 00:31:37,63 --> 00:31:43,63 OK. I notice that you said investigation and things of that nature. 250 00:31:45,53 --> 00:31:46,14 I want to speak 251 00:31:46,15 --> 00:31:50,72 a little bit about the sensor that was out in two thousand and nine there's still 252 00:31:50,73 --> 00:31:57,54 a lot of cloudiness around it I want to know what is the function of the sensor 253 00:31:57,55 --> 00:32:00,24 and who actually writes the sensor 254 00:32:00,25 --> 00:32:05,58 a. Venture that was added was the public censure before that there was always 255 00:32:05,59 --> 00:32:09,54 a private characters of it is to make your lectern official because that's the only 256 00:32:09,55 --> 00:32:13,64 two things that we have for elected official private or public ones the only thing 257 00:32:13,65 --> 00:32:17,58 that's publicly done I mean we can do slap on the hands meetings everything else 258 00:32:17,59 --> 00:32:21,63 but that's why the public censure was put in in two thousand and nine its purpose 259 00:32:21,64 --> 00:32:28,50 is to identify the issues and say What was it telling your question. Like. I know 260 00:32:29,29 --> 00:32:35,05 I X. Would know who writes the rights of the public so I initially there's 261 00:32:35,06 --> 00:32:39,17 a plane proceed whatever has occurred I do an investigation but you're doing an 262 00:32:39,18 --> 00:32:42,67 investigation if you remember we had the training I gave you all the chart that 263 00:32:42,68 --> 00:32:46,61 showed all the avenues that I have like legal department legislative auditors 264 00:32:46,62 --> 00:32:51,22 office the district attorney to turn to to help me in that investigation I put 265 00:32:51,23 --> 00:32:51,67 together 266 00:32:51,68 --> 00:32:56,02 a proposal I did make the recommendation to the legislative body direct in the 267 00:32:56,03 --> 00:33:01,50 checks and balances and he has to actually issue the letter of public centuries the 268 00:33:01,51 --> 00:33:05,81 same way with the private sector later OK never see it because it's right so the 269 00:33:05,82 --> 00:33:12,52 legislative Otter is he an employee of the city. Unified 270 00:33:12,53 --> 00:33:18,70 government yes or. Will it rigor said that I just want to say. 271 00:33:20,22 --> 00:33:24,49 I know there is rolled out by the ethics administrators I mean it's OK Well the 272 00:33:24,50 --> 00:33:28,93 accounting got Legace way about it or there isn't that there should never be an 273 00:33:28,94 --> 00:33:31,60 employee they can put together 274 00:33:32,25 --> 00:33:37,86 a census or document on an elected official why because elected official go in but 275 00:33:37,87 --> 00:33:42,92 you see that we make our kind of decisions in regards to employees it just doesn't 276 00:33:42,93 --> 00:33:47,12 it doesn't it doesn't add up in that regard. We have to make decisions and regards 277 00:33:47,13 --> 00:33:52,94 to employees but then in turn and they actually code of ethics the employee is 278 00:33:52,95 --> 00:33:54,10 given the power to put 279 00:33:54,25 --> 00:33:58,27 a document together and issue it to the public on the same individual has to make 280 00:33:58,28 --> 00:34:00,97 those decisions just things a little seems 281 00:34:00,98 --> 00:34:06,11 a little cloudy but I wonder if I can finish because Ruth I heard you say that you 282 00:34:06,12 --> 00:34:11,09 do investigations or you do you have qualifications or documents where you are 283 00:34:11,10 --> 00:34:15,29 a legal investigator or or do you have or do you have any of those certificates or 284 00:34:15,30 --> 00:34:16,55 sort of occasions that make you 285 00:34:16,56 --> 00:34:23,12 a qualified investigator I'm interested not back to see I have evidence that we 286 00:34:23,13 --> 00:34:27,89 still aren't right but we can hardly fight government legislate I know Maxon do you 287 00:34:27,90 --> 00:34:33,16 have any certification to make you an investigator who can investigate things that 288 00:34:33,17 --> 00:34:35,73 are brought forward because in 289 00:34:35,74 --> 00:34:39,22 a department it seems like if police is an investigator he has 290 00:34:39,23 --> 00:34:43,44 a certificate in that he switches school for that. He's taught to do that and I'm 291 00:34:43,45 --> 00:34:46,34 acting you with the position you have do you have 292 00:34:46,35 --> 00:34:51,04 a certificate that qualifies you to be an investigator who can take documents 293 00:34:51,05 --> 00:34:54,31 investigate him and issue him to the public as 294 00:34:54,32 --> 00:34:56,83 a fact because that's what happens when you issue 295 00:34:56,84 --> 00:34:59,28 a sense or use in that sort of public as 296 00:34:59,29 --> 00:35:04,46 a setback so Maxon you do you have the certification to do it I will state again in 297 00:35:04,47 --> 00:35:04,88 terms of 298 00:35:04,89 --> 00:35:10,01 a certification I do not have one OK is not mean I am not capable of conducting 299 00:35:10,14 --> 00:35:14,90 investigative resources OK well a single day when we have 300 00:35:14,91 --> 00:35:18,03 a. Department we don't just take 301 00:35:18,04 --> 00:35:23,10 a resident out of the community and put them over internal affairs you know those 302 00:35:23,11 --> 00:35:24,82 documents they have to be qualified those in 303 00:35:24,83 --> 00:35:29,03 a very have to be qualified to take those documents they move forward so I want to 304 00:35:29,04 --> 00:35:35,69 know that and I again I put it out fair that any time an employee is given of the 305 00:35:35,70 --> 00:35:39,45 unified government is given the power to put out 306 00:35:39,46 --> 00:35:43,10 a public censor on an elected official that's not 307 00:35:43,11 --> 00:35:47,67 a good government because that is an employee and the elected officials put in 308 00:35:47,68 --> 00:35:53,20 office by voters is two different playing field. Measure you make 309 00:35:53,21 --> 00:35:59,56 a good point there that is why my position is pointed by the district court judges 310 00:36:00,12 --> 00:36:05,41 of the state of Kansas. OK but I'm 311 00:36:05,42 --> 00:36:11,65 a huge employee however I'm not appointed by anyone sitting here. That approves the 312 00:36:11,66 --> 00:36:18,65 budget process or anything else right. All right well Mr 313 00:36:18,66 --> 00:36:25,25 Mayor. Mr Walker did you want to respond to that comment or did you know I had one 314 00:36:25,26 --> 00:36:32,19 other OK we'll come back to you then push. Mr Mark like. Thank you 315 00:36:32,20 --> 00:36:37,03 Mayor thank you for your comment actually I mean I see where you can take 316 00:36:37,04 --> 00:36:43,33 a break but we are out. I just have serious. Comments for discussion and I think 317 00:36:44,13 --> 00:36:47,27 I appreciate Commissioner Walker's comments I think he addressed 318 00:36:47,28 --> 00:36:51,43 a couple of the more technical issues that have been again of concern in this news 319 00:36:51,44 --> 00:36:55,47 comment I think was illustrated that the she spent most of her time interpreting 320 00:36:55,48 --> 00:36:59,43 a couple of different phrases in that maybe dealing with those phrases is 321 00:36:59,44 --> 00:37:04,24 a good way to eliminate some of the confusion that I think we're seeing but I want 322 00:37:04,25 --> 00:37:04,56 to talk 323 00:37:04,57 --> 00:37:11,14 a little about sort of the big picture question that I feel like. We need to address 324 00:37:11,51 --> 00:37:17,36 so in speaking with someone who is on the very first epix Commission she said. That 325 00:37:17,51 --> 00:37:21,55 the main purpose was to create a sense of trust as we were transitioning into 326 00:37:21,56 --> 00:37:26,96 a new form of government and I think that was a fabulous step or transitioning to 327 00:37:26,97 --> 00:37:31,31 a new form of government there were some areas that were very concerned about that 328 00:37:31,32 --> 00:37:36,15 transition and felt that there were ethical concerns so this commission was created 329 00:37:36,16 --> 00:37:38,69 to deal with that I do feel like we're in 330 00:37:38,70 --> 00:37:43,57 a different place today and in that what we really want to do now is the even even 331 00:37:43,58 --> 00:37:49,09 broader culture of openness and there is an ethical standards and so I think the 332 00:37:49,10 --> 00:37:53,22 question we should be asking ourselves is does this do that in the best way 333 00:37:53,23 --> 00:37:58,42 possible or are there other options for how we can forward and I'm just kind of 334 00:37:58,43 --> 00:38:01,50 there are some things that have been sort of running through my head so we've 335 00:38:01,51 --> 00:38:02,63 discussed the fact that there is 336 00:38:02,64 --> 00:38:07,45 a state ethics commission that they'll bore us and our mayor has had 337 00:38:07,46 --> 00:38:09,72 a huge emphasis on it over government which I think is 338 00:38:09,73 --> 00:38:14,54 a huge step toward higher ethical standards for all of our employees and elected 339 00:38:14,55 --> 00:38:18,41 officials and when Dad is out there in the open it just makes it easier for all of 340 00:38:18,42 --> 00:38:21,36 the people in the public view what we're doing and you know that there are 341 00:38:21,83 --> 00:38:26,19 Christian and against going on and so kudos to Mayor Holland for his emphasis on 342 00:38:26,20 --> 00:38:31,23 that one thing we've discussed with respect to that is higher than them or you that 343 00:38:31,24 --> 00:38:37,76 would handle or open data but as we all go our budget is very tight so. As I said 344 00:38:37,77 --> 00:38:41,78 I'm just throwing out ideas here would it make sense for us at this stage as we're 345 00:38:41,78 --> 00:38:46,63 . Trying to open up our government are there everyone here and the practice is to 346 00:38:46,64 --> 00:38:51,00 take the money that we're spending on our internal I think Bush will spend that on 347 00:38:51,01 --> 00:38:57,97 hiring data we manage that process and use the ethics commission to manage yet 348 00:38:57,98 --> 00:39:03,32 the issues that are happening at that level. I guess as an idea they're out there 349 00:39:03,33 --> 00:39:08,04 what I'm trying to think of again is just what options do we have to move further 350 00:39:08,05 --> 00:39:12,24 our ethics course and I think our mission was an important start because of where 351 00:39:12,25 --> 00:39:14,02 it has been in our transition to 352 00:39:14,03 --> 00:39:18,78 a new form of government and maybe it's still the best way I just think we're at 353 00:39:18,79 --> 00:39:19,38 a point we have 354 00:39:19,39 --> 00:39:23,54 a new administrator and we're looking at all these different version options we're 355 00:39:23,55 --> 00:39:24,10 talking about 356 00:39:24,11 --> 00:39:28,92 a big data I feel like we're sort of out of versions of rivers here where it's 357 00:39:28,93 --> 00:39:32,74 a good time for us to consider whether this is the best avenue or whether there are 358 00:39:32,80 --> 00:39:37,15 other avenues they can for their articles to hire and they will sooner to fairness 359 00:39:37,16 --> 00:39:40,30 in terms of the government so those are just my comments I guess 360 00:39:40,31 --> 00:39:45,11 a sort of big picture here Jim what we've heard Michelle Walker but just think 361 00:39:45,55 --> 00:39:52,55 about. Mr WALKER. Is going to be directed to get 362 00:39:52,64 --> 00:39:58,76 where can you speak directly to my campus or. Maybe directed influence. 363 00:40:04,22 --> 00:40:10,85 Couldn't you know change that was. One of the things that we brought up here 364 00:40:11,40 --> 00:40:17,80 perhaps more this is just maybe you do it anyway and that's one of. The way the 365 00:40:17,81 --> 00:40:24,60 process really we accept applications for the. Ethics Commission 366 00:40:24,61 --> 00:40:31,61 meaning we make sure. They get. Whatever crosses that the the 367 00:40:31,62 --> 00:40:36,17 applicant. Should I suppose I would like to see 368 00:40:36,18 --> 00:40:42,86 a more robust recruitment there for. Many fine. Nonpartisan 369 00:40:43,65 --> 00:40:49,61 ethically outstanding people in this community. And I'm not sure all of them. 370 00:40:52,34 --> 00:40:54,98 Apply. Quite sure that 371 00:40:55,24 --> 00:41:02,07 a lot of them don't apply not for any particular reason. Maybe my question is 372 00:41:02,33 --> 00:41:06,81 do you recruit do you pick up the phone and call somebody you know that they would 373 00:41:06,82 --> 00:41:12,41 be good so you got to put your application in question or this last time we 374 00:41:12,42 --> 00:41:14,29 recognize that same issue been 375 00:41:14,30 --> 00:41:18,82 a problem as we've gone through the different sometimes that we've had just 376 00:41:18,83 --> 00:41:25,34 a very few Africans this last time we contacted several ministers and other 377 00:41:25,35 --> 00:41:28,91 individuals in the community and asked them to mention this in their in their 378 00:41:28,92 --> 00:41:35,81 congregations and we had several applicants from work. Well. Doesn't 379 00:41:35,82 --> 00:41:41,93 applicants We then took those applicants and we ran their criminal background we 380 00:41:41,94 --> 00:41:47,91 realize that the ordinance requires that they not be felons We also ran there some 381 00:41:47,92 --> 00:41:52,45 credit background to see whether or not they had some lawsuits against any of you 382 00:41:52,49 --> 00:41:55,33 or against you gee against someone that might be 383 00:41:55,34 --> 00:42:02,07 a problem we contacted references that were provided by them Mr Gorman and Mr 384 00:42:02,08 --> 00:42:07,13 Wesson I interviewed all I think we narrowed down to six that we interviewed and 385 00:42:07,14 --> 00:42:11,26 then we made our selections from that so this last time we had better luck Now 386 00:42:11,27 --> 00:42:14,64 there I concur with you that I felt that there was 387 00:42:14,65 --> 00:42:16,71 a lot of people out there that we could we could get 388 00:42:16,72 --> 00:42:21,37 a man to live but you know when you advertise for a nonpaying job that meets once 389 00:42:21,38 --> 00:42:25,19 a month talk about commissioners there's just not a whole lot of us and it's been 390 00:42:25,20 --> 00:42:31,15 a conduit. I can't imagine you know and so I would encourage you know I guess the 391 00:42:31,16 --> 00:42:37,41 question is do we need to put some requirement of recruitment some language that 392 00:42:37,75 --> 00:42:43,15 will as people pass from the scene that down the road that. I like what you just 393 00:42:43,16 --> 00:42:48,21 said Having said that I would like to see twelve to fifteen applicants for time be 394 00:42:48,22 --> 00:42:55,17 vetted and. Narrowed down we have discussed it but Dr rejected asking 395 00:42:55,18 --> 00:42:59,29 all of the use of it because we don't really want anybody on the ethics commission 396 00:42:59,30 --> 00:43:04,77 that that's tied to any of you know we've had in our interview process that's not 397 00:43:04,78 --> 00:43:09,61 always been the case and some of the people selected but that's an attempt that we 398 00:43:10,10 --> 00:43:10,34 make 399 00:43:10,35 --> 00:43:15,68 a lot of work towards trying not to have so we were trying to come in you know we 400 00:43:15,69 --> 00:43:16,04 don't have 401 00:43:16,05 --> 00:43:22,78 a budget to but I advertised in the Star. I understand it and then judge. For 402 00:43:22,79 --> 00:43:29,55 myself I would not like to be referring to me and I don't want to Europe for 403 00:43:29,72 --> 00:43:35,23 it but if they're all the same I don't know I think they'd be you're better off. 404 00:43:36,38 --> 00:43:41,75 Using your own judgment rather than elected officials judgment but I'm just one 405 00:43:41,76 --> 00:43:47,23 vote doesn't mean that. We have historically looked at when we talk to these folks 406 00:43:47,36 --> 00:43:53,63 the thing that we're trying not to do is have any of them with. Animosity toward 407 00:43:53,64 --> 00:43:59,18 any of you or even favoritism towards any of you and this be honest that we don't 408 00:43:59,19 --> 00:44:03,53 get Africans A came and say I want to take care of that employees you guys are the 409 00:44:03,54 --> 00:44:09,27 ones that's out there was you're the ones that the whole process we were 410 00:44:09,28 --> 00:44:10,92 consolidation came on was a was 411 00:44:10,93 --> 00:44:15,28 a worry we didn't not trust our employees we didn't trust our leaders our 412 00:44:15,29 --> 00:44:20,84 commissioners and I was on both sides of the street so you can't do it as well as 413 00:44:20,85 --> 00:44:26,78 anybody in this room. But I do I That's why this was in the way it works and I 414 00:44:26,79 --> 00:44:31,26 would only speak commissioner market to work permit I'm not sure that works for all 415 00:44:31,70 --> 00:44:33,98 subjects I still get 416 00:44:33,99 --> 00:44:38,86 a lot of language from people saying that they don't trust any of us. And the 417 00:44:38,87 --> 00:44:42,62 states commission and I could be wrong question Maddux is a boy is 418 00:44:42,63 --> 00:44:47,58 a point by Governor Brown back I'm not sure that he has the best interest in my 419 00:44:47,59 --> 00:44:48,08 community. 420 00:44:54,79 --> 00:45:00,65 Point of order we would ask that. Those judge Lamson is eminently entertaining we 421 00:45:00,66 --> 00:45:05,70 would ask that you marry France from applauding for either for or against how we do 422 00:45:05,71 --> 00:45:09,23 maintain the decorum of our meetings so I would ask you to please refrain from 423 00:45:09,24 --> 00:45:15,76 clapping in the future thank you. Commissioner Cain. Thank you Mayor Well I didn't 424 00:45:15,77 --> 00:45:16,34 have a dog in 425 00:45:16,35 --> 00:45:23,34 a fight. And tell some former elected people. Were questions 426 00:45:23,35 --> 00:45:29,06 some of us commissioners which I don't like I think is wrong and it started out 427 00:45:29,07 --> 00:45:35,05 more its nest. I'm kind of like Angela I think we've got past you know what 428 00:45:35,06 --> 00:45:40,42 happened in the past and maybe we have. And I'm going to agree with you about the 429 00:45:40,43 --> 00:45:46,61 governor but Carolyn way EMS is the executive director I called her 430 00:45:47,24 --> 00:45:51,34 she said year the only one there might be another one she had meet up with the gal 431 00:45:51,35 --> 00:45:57,39 with the Kansas county she said there might be another one in Johnson County. And 432 00:45:57,40 --> 00:45:57,53 as 433 00:45:57,54 --> 00:46:02,15 a mare always said we're looking for low lying fruit Well there's fifty eight thousand 434 00:46:02,16 --> 00:46:09,04 dollars sitting right there. But when when. Every time 435 00:46:09,05 --> 00:46:13,25 a commissioner is brought something especially with this commission we've all come 436 00:46:13,26 --> 00:46:18,21 up and said our piece whatever it was voted went home. We didn't have somebody from 437 00:46:18,22 --> 00:46:22,23 the outside trying to stir things up to bring people here because I mean you can 438 00:46:22,24 --> 00:46:26,84 feel the heat tonight but I mean you're looking at has and I can tell some of you 439 00:46:26,85 --> 00:46:32,09 really don't like it and that's OK you're stuck with me for three years. But but 440 00:46:32,10 --> 00:46:38,58 the thing is is we have to move on. When village West was built 441 00:46:38,98 --> 00:46:44,86 get upset some people but we moved on when the race track was built and there was 442 00:46:44,87 --> 00:46:51,79 a famine it was homesteaded out there and they got moved we moved on the casino is 443 00:46:51,80 --> 00:46:58,24 built and we need to move on so I say you know it's two thousand and fourteen 444 00:46:58,89 --> 00:47:03,37 it's another day when you do something different and and I have never had trouble 445 00:47:03,38 --> 00:47:07,86 with the folks I talked to Tom on a regular basis I ask him 446 00:47:08,03 --> 00:47:13,05 a lot more questions and sometimes I asked staff. And the way Carol one way in the 447 00:47:13,06 --> 00:47:13,65 said there would be 448 00:47:13,66 --> 00:47:19,58 a contact person in the city but I think we already had that. And every time I met 449 00:47:19,59 --> 00:47:23,75 him a question of. Where we want Probably should I ask him 450 00:47:23,76 --> 00:47:27,22 a question because I want to make sure I don't make mistakes because I don't 451 00:47:27,23 --> 00:47:28,65 believe anybody up here wants to make 452 00:47:28,66 --> 00:47:33,76 a mistake. We wouldn't be here we want to make mistakes but we want to represent 453 00:47:33,77 --> 00:47:39,26 the people and do the best we can but it doesn't help when the outside folks that 454 00:47:39,27 --> 00:47:43,79 are no longer elected stir up the trouble bottom line. 455 00:47:46,46 --> 00:47:49,95 Commissioner Meridia. Thank you Commissioner K. 456 00:47:49,96 --> 00:47:54,82 And I greatly appreciate your comment I really want to build on what Commissioner 457 00:47:54,83 --> 00:48:00,53 Markley has already talked about I personally want to increase our ethical 458 00:48:00,54 --> 00:48:05,89 standards that we have here right now I think you all are aware that what we do now 459 00:48:05,90 --> 00:48:12,01 in the way of enforcing our ethics is we react to situations that occur and we only 460 00:48:12,02 --> 00:48:17,74 react to things like crime scenes we wait till something really drastic happens to 461 00:48:17,75 --> 00:48:23,74 react to it I'd like to see an ethical government where it actually becomes part of 462 00:48:23,75 --> 00:48:29,96 our culture the day to day operations I want to see ethics implemented in how we 463 00:48:30,14 --> 00:48:36,73 hire people how we promote people how about how we treat people 464 00:48:37,09 --> 00:48:40,32 with dignity and respect how about 465 00:48:40,33 --> 00:48:44,61 a little bit of that throughout the all of our policies not just 466 00:48:44,62 --> 00:48:51,28 a few. It is pretty clear to this entire commission that I'll just give one 467 00:48:51,29 --> 00:48:57,78 example. Stirring up all other kinds of things. That 468 00:48:58,07 --> 00:49:02,63 there has been some questions about rolling in the. 469 00:49:05,28 --> 00:49:10,69 Difference of opinions depending on who the ruling is for for example there was 470 00:49:10,70 --> 00:49:12,10 a commissioner in that currently is 471 00:49:12,11 --> 00:49:16,79 a commissioner that requested to be in an advertisement for Pittsburgh State 472 00:49:16,80 --> 00:49:22,22 University that Commissioner was deny the ability to be in that ad as 473 00:49:22,23 --> 00:49:26,77 a commissioner has for state was simply trying to promote their graduates and say 474 00:49:26,78 --> 00:49:31,40 look what you can do if you graduate from Pittsburgh State University that person 475 00:49:31,41 --> 00:49:37,79 was denied that opportunity however another commissioner asked. Can I be an ad for 476 00:49:37,80 --> 00:49:42,98 Donnelly college that Commissioner was allowed to be in the ad for Donnelly college 477 00:49:42,98 --> 00:49:49,95 . So the impression that leaves is I agree with Judge Lansing I 478 00:49:49,96 --> 00:49:54,23 think the outside world when we react that way to ethics and we treat people like 479 00:49:54,24 --> 00:50:00,00 we treat them that the outside world doesn't trust anybody and I think wind County 480 00:50:00,01 --> 00:50:05,94 wants to see every aspect of the unified government be handled in an upstanding 481 00:50:06,27 --> 00:50:12,75 ethical manner. And I really think given what a small town sort of speak a c K. 482 00:50:12,76 --> 00:50:18,01 Is and why not County is I really do believe the best way to ensure that there is 483 00:50:18,02 --> 00:50:23,15 no bias and there is no political gamesmanship going on that we leave that to the 484 00:50:23,16 --> 00:50:27,06 state in the state ethics system. As to when 485 00:50:27,07 --> 00:50:33,50 a criminal act occurred. And commissioners and local or in employees commit 486 00:50:33,51 --> 00:50:38,54 criminal acts that's far our legal system to deal with. 487 00:50:40,60 --> 00:50:45,99 Not for an ethics commission. And in closing I would just say that. 488 00:50:47,81 --> 00:50:49,85 We are giving our community 489 00:50:49,90 --> 00:50:56,67 a false sense of hope. When they think our ethics commission has the authority to 490 00:50:56,68 --> 00:51:03,44 do anything about issues that matter to them. Because they 491 00:51:03,45 --> 00:51:07,53 don't have any authority they don't have the authority to remove commissioners from 492 00:51:07,54 --> 00:51:13,36 office. The commissioners don't have the authority to remove other commissioners 493 00:51:13,37 --> 00:51:16,63 from office. So that is 494 00:51:16,64 --> 00:51:22,18 a legal issue that needs to be handled by legal people judges need to do that. 495 00:51:24,17 --> 00:51:29,27 So that's my input and I really believe for what we're paying on an annual basis 496 00:51:29,28 --> 00:51:35,38 from year to year we can do exactly what Mayor Holland has has been suggesting 497 00:51:35,39 --> 00:51:42,01 since he got in office the best way to combat an ethical government on ethical 498 00:51:42,02 --> 00:51:48,95 behavior is to be an open and transparent government. All 499 00:51:48,96 --> 00:51:55,31 right. One of the things that I understand and I would ask Mr Willis Can I ask you 500 00:51:55,65 --> 00:51:56,26 to respond to 501 00:51:56,27 --> 00:52:02,17 a couple questions just to help me clarify. By the way since Mr Witt scumming 502 00:52:02,18 --> 00:52:07,66 forward I want to thank Judge Lamson Mr Wizard legislative Abhi auditor or district 503 00:52:07,67 --> 00:52:12,79 attorney Jerry Gorman for being here I want to think. Bruce Binney in our ethics 504 00:52:12,80 --> 00:52:15,14 administrator for being here we also have 505 00:52:15,15 --> 00:52:20,19 a number of other folks who are here former Mayor Cameron of itches here Sheriff 506 00:52:20,20 --> 00:52:25,46 Don ashes here Senator Haley is here Chief Hansen with our police department is 507 00:52:25,47 --> 00:52:29,64 here and former commissioner and former Senator Kelly Coulter was here so I want to 508 00:52:29,65 --> 00:52:35,76 thank all of the elected and from elected officials who are here today. To Mr Twist 509 00:52:35,99 --> 00:52:42,92 my question is. In terms of the Ethics Commission and changes to the ethics code of 510 00:52:42,93 --> 00:52:48,86 ethics. Is it correct that. Any commissioner could write 511 00:52:48,87 --> 00:52:53,79 a letter to you or to the ethics administrator and request a review of 512 00:52:53,80 --> 00:52:58,50 a particular issue yes we could present then to the ethics commission for 513 00:52:58,51 --> 00:53:04,47 discussion OK. Is it also true again terms of it my understanding is the ethics 514 00:53:04,48 --> 00:53:09,66 administrators position as well as your position and the ethics commission itself. 515 00:53:10,81 --> 00:53:17,62 Are part of the church is that correct. OK I believe that's correct. Go 516 00:53:17,63 --> 00:53:24,39 to speak to them perhaps but. I'd. Be the ethics 517 00:53:24,62 --> 00:53:31,01 administrators position the Ethics Commission and the Legislative Auditor are all 518 00:53:31,02 --> 00:53:36,60 those positions written into the charter not the ethics stream. Turned Yeah. 519 00:53:38,03 --> 00:53:43,10 OK And is the legislative does the legislature the legislative auditor then hires 520 00:53:43,11 --> 00:53:46,26 the ethics of Minister their SUV minister who works for the legislative auditors 521 00:53:46,27 --> 00:53:53,02 are correct. That's grown by I utilize the ad hoc committee commission to interview 522 00:53:53,29 --> 00:53:57,32 applicants for their position but in the end it's my decision and that's 523 00:53:57,33 --> 00:54:01,34 a part of your budget is that correct that's correct OK those are the those are the 524 00:54:01,35 --> 00:54:06,43 questions that I am thank you very much I think. I'd like to address 525 00:54:06,44 --> 00:54:12,55 a few of the issues. What I've heard tonight are some requests by commissioners for 526 00:54:12,55 --> 00:54:18,95 . The Ethics Commission particularly to review some policies and what I want to 527 00:54:18,96 --> 00:54:23,72 encourage the commissioners to do is to draft those requests and make 528 00:54:23,73 --> 00:54:30,01 a formal request any of you are welcome to do that. To the ethics commission and to 529 00:54:30,02 --> 00:54:34,06 I would send it to Tom west to the Legislative Auditor and make that formal request 530 00:54:34,07 --> 00:54:40,03 the things I've heard tonight an appeal right on appeal process. Mr Walker you 531 00:54:40,04 --> 00:54:43,07 raised that question about whether or not there should be an appeal process I did 532 00:54:43,08 --> 00:54:49,83 not I raised the issue of due process an appeal. OK Oh of those due 533 00:54:49,84 --> 00:54:55,17 process so it defiles I know you process the only the only entity that would be 534 00:54:55,31 --> 00:55:00,02 appropriate to hear an appeal would be the Commission I don't see how it would go 535 00:55:00,03 --> 00:55:01,28 to the district court or 536 00:55:01,29 --> 00:55:07,51 a plumber judge. So I don't I don't want the commission 537 00:55:08,32 --> 00:55:13,06 hearing appeals heard. I'm personally saying I don't want to hear appeals from 538 00:55:13,07 --> 00:55:18,27 every employee or fellow commissioner that has an ethics problem and I have to rule 539 00:55:18,28 --> 00:55:23,66 on so I guess I misunderstood I misspoke I just want due process for someone to 540 00:55:23,67 --> 00:55:23,85 have 541 00:55:23,86 --> 00:55:29,19 a chance to be heard before they're hammered OK So thank you for the clarification 542 00:55:29,20 --> 00:55:36,20 due process. I also heard some specificity around prestige of office. I also heard 543 00:55:36,21 --> 00:55:38,28 a request for a review of her cues 544 00:55:38,29 --> 00:55:44,92 a little from unpaid board members. And I also heard maybe you had 545 00:55:44,93 --> 00:55:50,84 a question about recruitment but not necessarily you know you do we want to have 546 00:55:50,85 --> 00:55:52,48 some language in there about what or what 547 00:55:52,49 --> 00:55:55,82 a valid ack applicant pool is there has to be more than two applicants or something 548 00:55:55,83 --> 00:55:59,93 of that nature I don't know it but those are the things that some of the things 549 00:55:59,94 --> 00:56:06,75 that I've heard I would think any of those could be submitted directly to the 550 00:56:07,10 --> 00:56:11,60 to Tom with. Our legislative auditor and 551 00:56:11,61 --> 00:56:15,97 a request made for review by him and by the Ethics Commission to see if those are 552 00:56:15,98 --> 00:56:19,39 things that they want to do and I would expect that if a commissioner sent such 553 00:56:19,40 --> 00:56:20,97 a letter that they would get 554 00:56:20,98 --> 00:56:25,42 a response yes or no in terms of how they review when it would exist that would be 555 00:56:25,43 --> 00:56:32,11 a valid expectation so. Hold on just second so the other the other thing that I 556 00:56:32,12 --> 00:56:36,53 think is important in. Your walk or you and I have talked about this in terms of 557 00:56:36,54 --> 00:56:41,83 recusal from UN paid boards I was on the board of Mt Carmel Redevelopment 558 00:56:41,84 --> 00:56:48,15 Corporation before I was elected commission and upon election I immediately stepped 559 00:56:48,16 --> 00:56:53,28 down from the board and I told Bishop sems that because I was elected commissioner 560 00:56:53,45 --> 00:56:58,24 and they run the will center that I would not you would not be valid for me to stay 561 00:56:58,25 --> 00:57:04,28 on that board if the commission were voting for funding for 562 00:57:04,29 --> 00:57:08,41 a program that they were operating on the unified government's behalf and my reason 563 00:57:08,42 --> 00:57:14,41 for stepping down was that while I wasn't being paid by Mt Carmel I had fiduciaries 564 00:57:14,42 --> 00:57:17,70 responsibility to Mount Carmel under the law of the state of Kansas that as 565 00:57:17,71 --> 00:57:22,41 a board member I'm responsible for their financial wherewithal and the liability 566 00:57:22,42 --> 00:57:28,95 that goes with that so my decision was that I needed to step down and that was I 567 00:57:28,96 --> 00:57:33,68 didn't ask for an opinion from the ledge from the ethics of MINISTER They just felt 568 00:57:33,69 --> 00:57:37,44 right to me that if. I have finished irresponsibility over 569 00:57:37,45 --> 00:57:43,08 a board or an organization and I have sworn fiduciary responsibility for the 570 00:57:43,09 --> 00:57:48,18 unified government to my voting on issues relative to both would be an appropriate 571 00:57:48,30 --> 00:57:53,10 so and and so you and I have talked about this and we disagree which is fine. 572 00:57:54,14 --> 00:57:59,25 You're on. And I think the issue that you've raised is you're on this board and 573 00:57:59,26 --> 00:58:02,46 it's a non paid position and on a number of board you're on 574 00:58:02,47 --> 00:58:05,53 a number of boards but the one that's come up is you recently just I think last 575 00:58:05,54 --> 00:58:07,63 meeting recuse yourself there's a development that on it was 576 00:58:07,64 --> 00:58:13,41 a part of and you and Commissioner Gary Hughes yourselves from that are that piece 577 00:58:13,47 --> 00:58:17,85 so I think that recusal even unpaid board members who have 578 00:58:17,86 --> 00:58:22,36 a legal fiduciary responsibility in the state of Kansas for that organization is 579 00:58:22,37 --> 00:58:27,84 valid but I think you could ask the legislative auditor and the and the ethics 580 00:58:27,85 --> 00:58:33,29 commission to review that policy as well and to see whether or not that whether or 581 00:58:33,30 --> 00:58:39,42 not that is appropriate. I also want to say 582 00:58:40,85 --> 00:58:45,02 you know I appreciate the commitment open government and I think that's big I think 583 00:58:45,03 --> 00:58:51,04 having our data together and having the ability to to gather our data the longer 584 00:58:51,05 --> 00:58:53,27 I'm in this position I see how hard it is often for 585 00:58:53,28 --> 00:58:55,64 a large organization to get their data to 586 00:58:55,65 --> 00:58:59,25 a point not just where it's public to where we can use it ourselves and that's 587 00:58:59,26 --> 00:59:00,00 a big that's 588 00:59:00,01 --> 00:59:03,51 a big issue and we have multiple platforms across multiple organ parts of our 589 00:59:03,52 --> 00:59:08,04 organization and gathering data is critical I think that is 590 00:59:08,08 --> 00:59:12,28 a fundamental need that we have just for effectiveness of government I don't share 591 00:59:12,29 --> 00:59:17,83 the correlation it has to the ethics administrator I would be fine if we were the 592 00:59:17,84 --> 00:59:22,83 only city. Not only in the state of Kansas but in the nation that has an ethics 593 00:59:23,02 --> 00:59:29,24 board and ethics administrator. I think ethics. Speak to 594 00:59:29,25 --> 00:59:35,33 a higher level than just what's legal but what is ethical and ethical Xah different 595 00:59:35,34 --> 00:59:41,16 standard legal is impropriety ethical is the appearance of impropriety and I 596 00:59:41,17 --> 00:59:45,86 believe that differentiation for the unified government for its employees its board 597 00:59:45,87 --> 00:59:51,48 members and for this commission to be above the appearance of impropriety is 598 00:59:51,52 --> 00:59:56,51 a valid and important role that our ethics in 599 00:59:56,52 --> 01:00:01,68 a straight or our ethics commission and our legislative auditor provide I like 600 01:00:01,69 --> 01:00:06,93 their independence and I think it was very smart that the city when the people 601 01:00:06,94 --> 01:00:13,70 voted in the charter to implement an ethics commission and admin 602 01:00:13,72 --> 01:00:19,34 and Legislative Auditor they made it very clear. That we just didn't want to good 603 01:00:19,34 --> 01:00:23,06 government we wanted an ethical government and that standard is 604 01:00:23,07 --> 01:00:27,25 a standard that I do not want to back off of it's 605 01:00:27,26 --> 01:00:30,75 a standard that I think we should continue to lead and if there are other 606 01:00:30,76 --> 01:00:34,63 communities in our state that to not have this I think they need to get on board 607 01:00:35,06 --> 01:00:38,38 have a locally administrator ethics board that's doing 608 01:00:38,39 --> 01:00:42,70 a closer watch because you can say the state can handle it if there are six hundred 609 01:00:42,71 --> 01:00:47,32 twenty seven cities in the state of Kansas six hundred twenty seven cities and I 610 01:00:47,33 --> 01:00:53,67 can say our commission meets every month and our legislative. Auditor is busy and 611 01:00:53,68 --> 01:01:00,43 our. Ethics administrators busy if the state has six hundred 612 01:01:00,44 --> 01:01:06,41 twenty seven other cities that they're looking at I want to go on record and say I 613 01:01:06,42 --> 01:01:10,85 don't think they're going to pay the level of attention and the level of detail 614 01:01:11,16 --> 01:01:16,43 that the citizens of this community expect from ethics day in and day out and 615 01:01:16,44 --> 01:01:21,71 that's why I support the ethics administrators position. As way I support the 616 01:01:21,84 --> 01:01:27,06 ethics commission and that's why I support the Legislative Auditor those. Built in 617 01:01:27,07 --> 01:01:32,13 checks and balances are part of what makes the democratic experiment America work I 618 01:01:32,14 --> 01:01:38,35 value it I fight for it I believe in it and I think we need to keep it and continue 619 01:01:38,36 --> 01:01:43,92 to support it in our decisions. Mr WALKER. 620 01:01:45,30 --> 01:01:46,14 Well Mayor there's 621 01:01:46,15 --> 01:01:51,84 a hard speech to follow. Not the ample implicated the implication being that all of 622 01:01:51,85 --> 01:01:58,52 us are somehow desirous of lowering the ethical standards 623 01:01:59,18 --> 01:02:00,87 and I would take great exception with 624 01:02:00,88 --> 01:02:07,06 a comment what that ethics code that ethics code was not inscribed on tablets in 625 01:02:07,07 --> 01:02:13,67 the hand and then it was written by people people like me who wrote. The very first 626 01:02:13,68 --> 01:02:14,99 one and it was 627 01:02:15,00 --> 01:02:20,84 a process of political negotiation to get agreement from the commissioners on the 628 01:02:20,88 --> 01:02:26,13 on the language of the council at that time. We call for 629 01:02:26,27 --> 01:02:32,34 a small change in it and you are the walls are tumbling down point of order 630 01:02:32,46 --> 01:02:36,42 commissioner I heard the request that we buy more than one person to eliminate the 631 01:02:36,43 --> 01:02:40,11 position of the ethics administrators that correct but you may have heard of but 632 01:02:40,12 --> 01:02:45,13 you didn't hear it from me idea was I directing this at you. Well I'm talking to 633 01:02:45,14 --> 01:02:48,22 you Well I don't know that I was necessarily talking to you I was making 634 01:02:48,23 --> 01:02:54,41 a clear statement about my view of the ethics code and the ethics administrator I 635 01:02:54,42 --> 01:02:59,38 heard a request to substitute our ethics administrator for 636 01:02:59,76 --> 01:03:03,93 a different position and do away with that position or that and I'm speaking to 637 01:03:03,94 --> 01:03:04,91 that I don't think that's 638 01:03:04,92 --> 01:03:09,73 a good idea and I would I would advocate strongly to keep that position well I 639 01:03:09,74 --> 01:03:15,33 would be in agreement with you on the thank you. Commissioner Markley I was and. 640 01:03:17,52 --> 01:03:22,58 Mr Markley going to push for light again because I turned it off. Commissioner 641 01:03:22,59 --> 01:03:29,09 Walker I think that we have given clear direction that. I'm not going to 642 01:03:29,87 --> 01:03:33,38 I'm not going to write a letter. As it is 643 01:03:33,39 --> 01:03:37,03 a single commission I would recommend that we get 644 01:03:37,26 --> 01:03:42,50 a copy of the transcript this portion of the meeting done forwarded to the Ethics 645 01:03:42,51 --> 01:03:46,90 Commission and allow you to the commissioner in the participants to read it it's 646 01:03:46,91 --> 01:03:52,00 very clear what what the subjects have been. That's fine with me and they will 647 01:03:52,01 --> 01:03:58,99 accept that that's fine with me. OK Thank you. Are 648 01:03:59,00 --> 01:04:05,95 you done Mr Walker. Thank you. Welcome commissioner Merkley. 649 01:04:07,40 --> 01:04:11,02 Fishmonger said part of my comment for me which is really just Mayor I don't think 650 01:04:11,03 --> 01:04:14,40 anybody up here is saying they want to lower at the gold standard I think the 651 01:04:14,41 --> 01:04:19,50 question we're asking is is our current system actually raising our ethical 652 01:04:19,51 --> 01:04:23,45 standards or is the status quo not getting us in further towards 653 01:04:23,46 --> 01:04:28,12 a more ethical government that's the question we're asking Nobody's saying we want 654 01:04:28,13 --> 01:04:31,82 to lower our standards and do away with ethics and be unethical government we're 655 01:04:31,83 --> 01:04:36,83 saying we want to be an ethical government is staying with the status quo getting 656 01:04:36,84 --> 01:04:41,76 us there or are there better pass that's all we're seeing I understand that I 657 01:04:42,19 --> 01:04:46,32 vehemently disagree and maybe I should have articulated this more specifically I 658 01:04:46,33 --> 01:04:51,21 vehemently disagree with the notion of eliminating the administrative or the the 659 01:04:51,22 --> 01:04:56,99 ethics administrator specific can substitute for another so I will be the specific 660 01:04:56,99 --> 01:05:03,91 . Commissioner gear. While AGAZZI commissioner clarity said just because 661 01:05:03,92 --> 01:05:07,45 someone doesn't like the current system or doesn't think the current system is 662 01:05:07,46 --> 01:05:11,17 raising ethics to the level that it needs to be at doesn't mean they're against 663 01:05:11,18 --> 01:05:15,27 ethics means you want to increase the level about the behavior not just among 664 01:05:15,66 --> 01:05:16,68 elected officials and 665 01:05:16,69 --> 01:05:22,14 a handful employees but establish an entire ethical culture where as I said it's 666 01:05:22,15 --> 01:05:28,07 not just about reacting to an incident it's about everything we do from how we hire 667 01:05:28,08 --> 01:05:32,44 people that they don't need to come from a specific high school or be friends with 668 01:05:32,45 --> 01:05:37,33 a specific group of people or you know run with the right crowd or vote for the 669 01:05:37,34 --> 01:05:42,39 right person we're simply suggesting it should be across the board I would simply 670 01:05:42,40 --> 01:05:49,21 add that. Utilizing the state ethics system simply saves us money and time and in 671 01:05:49,22 --> 01:05:55,70 addition maintains our current level of authority that we have with ethics as it is 672 01:05:55,71 --> 01:06:01,26 like I said our ethics administrator can do anything other than his She's someone 673 01:06:01,27 --> 01:06:05,74 a century and from my understanding somebody please correct me but you could issue 674 01:06:05,75 --> 01:06:12,54 somebody twenty centers and there's that's all that would happen so I would I would 675 01:06:12,55 --> 01:06:13,17 like to see 676 01:06:13,81 --> 01:06:20,94 a more robust. Ethics process 677 01:06:21,14 --> 01:06:27,07 with the unified government that hits every single level of what we do so I mean 678 01:06:27,11 --> 01:06:28,85 Mayor what I would like to just 679 01:06:28,89 --> 01:06:35,85 a promote is their. Ethics are is mutually important to me and what's important is 680 01:06:35,86 --> 01:06:40,32 that it's applied levelly level across 681 01:06:40,33 --> 01:06:43,22 a level playing field and not just to 682 01:06:43,23 --> 01:06:49,21 a very specific group of people and I think the best way to do that is to have an 683 01:06:49,22 --> 01:06:54,62 objective party for example. If you're in 684 01:06:54,63 --> 01:06:59,16 a court of law and the judge has a conflict they usually bring in 685 01:06:59,17 --> 01:07:04,20 a judge from somewhere else we all live together in one day County I think when 686 01:07:04,21 --> 01:07:08,63 reviewing what goes on in one county within our government needs to be reviewed by 687 01:07:08,64 --> 01:07:14,78 an unbiased party. And I think the best place to do that is that the state level 688 01:07:14,82 --> 01:07:19,14 now all that said since we have a new administrator and we've done 689 01:07:19,15 --> 01:07:24,49 a really good job collectively reviewing our policies and and making sure they're 690 01:07:24,50 --> 01:07:28,09 working for us in the way that we're working now and I think we're all in agreement 691 01:07:28,10 --> 01:07:29,39 over that what 692 01:07:29,40 --> 01:07:33,45 a great opportunity though to also implement where we meet quarterly with our 693 01:07:33,46 --> 01:07:39,67 administrator who brings forward policy review to make sure that in each one of our 694 01:07:39,68 --> 01:07:45,71 policies there is an ethical component to that policy it's. Ethics isn't something 695 01:07:45,72 --> 01:07:49,38 that sits on the shelf and we react to like 696 01:07:49,39 --> 01:07:52,67 a crime scene that's right just keep trying to ma'am you please stop calling or 697 01:07:53,02 --> 01:07:58,15 thank you it's the way we live our life you either live your life ethically or you 698 01:07:58,16 --> 01:08:03,36 don't you don't just react to when somebody does something and also creates an 699 01:08:03,37 --> 01:08:08,74 environment for people to be much more successful if they know exactly every step 700 01:08:08,75 --> 01:08:14,65 of the way what is expected of them. For me to be clear I'm trying to raise the 701 01:08:14,66 --> 01:08:19,35 standard in line I can. That's all I'm trying to do and I'm trying to take it to 702 01:08:19,36 --> 01:08:26,26 another level I think our current system is holding us back. Commissioner Walters. 703 01:08:28,65 --> 01:08:34,38 I too am for how you ethical standards and in the government. I did ask the 704 01:08:34,39 --> 01:08:38,59 question whether wind up County was the only county that had 705 01:08:38,72 --> 01:08:45,38 a and an ethics administrator and I guess since no one can find another one 706 01:08:45,89 --> 01:08:51,64 and this I think we maybe you only one so if one hundred four other counties have 707 01:08:51,65 --> 01:08:57,52 figured out how to do it. I guess you could say they were exceptional but it. I 708 01:08:57,53 --> 01:08:59,57 think some people would say it's rather wind 709 01:08:59,58 --> 01:09:03,84 a county like to take the position that we should just take care of everything 710 01:09:04,20 --> 01:09:09,18 within our own borders and not ask anyone from the outside to look over our 711 01:09:09,19 --> 01:09:14,94 shoulders see how we're doing like to think we should have higher standards than we 712 01:09:14,95 --> 01:09:19,01 have now. I think we put our ethics people in 713 01:09:19,02 --> 01:09:25,63 a very tough situation when they have to. Pass judgment on. 714 01:09:26,28 --> 01:09:32,02 People that they know and people that they interact with and people. You know they 715 01:09:32,03 --> 01:09:34,30 know the sister in law because it's 716 01:09:34,31 --> 01:09:39,52 a small place and there are automatically going to be complex with anybody who's 717 01:09:39,70 --> 01:09:46,53 a Thank You Thank you commissioner came. And the commission watershed are pretty 718 01:09:46,54 --> 01:09:50,12 well I've only got nine brothers and sisters so everybody's got no somebody in my 719 01:09:50,13 --> 01:09:57,12 family. Although Mayor you say that you oppose this just as much as you oppose 720 01:09:57,13 --> 01:10:04,00 it I'm for it. And and you're one vote so 721 01:10:04,01 --> 01:10:07,44 biassed to remember that you one vote you speak last because you got to hammer away 722 01:10:07,45 --> 01:10:13,58 their right. But but but here's the deal. It is better if somebody 723 01:10:13,65 --> 01:10:15,85 outside says hey you made 724 01:10:15,86 --> 01:10:22,74 a mistake. And it would be easier because they don't know us. And 725 01:10:22,75 --> 01:10:28,40 one last comment it is really really bad that one high school seems to promote more 726 01:10:28,41 --> 01:10:30,89 leaders than other high school assemblies commissioner seemed 727 01:10:30,90 --> 01:10:37,39 a little bit. Which by the way. All right 728 01:10:37,80 --> 01:10:41,79 so me I'd like to make a motion if that's possible is 729 01:10:41,80 --> 01:10:45,74 a special session we don't have we're not set up for motions there's nothing on the 730 01:10:45,75 --> 01:10:49,77 table to vote on so we usually when we have 731 01:10:49,78 --> 01:10:55,67 a an agenda item during our seven o'clock sessions then we do have motions but 732 01:10:55,68 --> 01:11:00,72 we're not equipped to do emotions and I can then I request publicly just to make 733 01:11:00,73 --> 01:11:05,12 sure we're very open and transparent about that like to bring forward 734 01:11:05,13 --> 01:11:10,15 a motion at the next commission meeting on this particular topic which particular 735 01:11:10,16 --> 01:11:16,68 topic. Well I can certainly take that into consideration. 736 01:11:18,45 --> 01:11:25,36 Mr Maddox thank you. I'm not going to go to for ten and I'm not 737 01:11:25,37 --> 01:11:31,28 going to be around the bush is not across the board and if this department is 738 01:11:31,34 --> 01:11:38,03 biased. Any time somebody can put a sensor to give it on a commissioner and I have 739 01:11:38,05 --> 01:11:41,64 a meeting where he was not notified and is issued to 740 01:11:41,66 --> 01:11:47,43 a camera man before as I mentioned to the commissioner bass biassed in the pharmacy 741 01:11:47,43 --> 01:11:51,12 then there's room listening to somebody up here tell me that this is good 742 01:11:51,13 --> 01:11:57,71 government or that this is some good fossil work I'm a see here till you know I'm 743 01:11:57,71 --> 01:12:00,70 a victim of. And I'm a Syrian to you have had 744 01:12:00,71 --> 01:12:07,20 a close up front. And gave me with that when I spoke to the lady at the legal 745 01:12:07,21 --> 01:12:13,30 minutes the palette she warned against a local at the department especially with 746 01:12:13,31 --> 01:12:18,21 a city of one hundred sixty thousand people where everybody went to the same high 747 01:12:18,22 --> 01:12:24,27 school where the buddy buddy system is in place where everybody rushes shoulders 748 01:12:24,28 --> 01:12:29,48 with each other. Because when different things come forward it come from that same 749 01:12:29,49 --> 01:12:36,05 avenue. Now who has ever just as expressed I don't I don't I don't care but I sit 750 01:12:36,06 --> 01:12:40,59 up here and listen to five or six other commissioners say let's move in another 751 01:12:40,60 --> 01:12:45,28 direction. And that's always been the numbers that mattered and I said 752 01:12:45,29 --> 01:12:50,07 a meeting where we constantly be railroaded when we stand together and we say we 753 01:12:50,08 --> 01:12:54,15 don't want something we're limited by the citizens in Kansas City Kansas when they 754 01:12:54,16 --> 01:12:55,87 go to the polls and we have 755 01:12:55,88 --> 01:13:01,13 a right to stand for them and that is not happening and it's confusing to me 756 01:13:01,78 --> 01:13:06,38 because I've been here three years and all I've been looking for is good government 757 01:13:07,76 --> 01:13:12,26 and behind closed doors and under the table that's where government relies to me. 758 01:13:13,48 --> 01:13:17,60 Anytime the camera man come into an ethics meeting and I watched 759 01:13:17,61 --> 01:13:22,86 a county auditor hand known to him day he reads to people who are not in the 760 01:13:22,87 --> 01:13:25,11 audience on the Five O'Clock News that's 761 01:13:25,12 --> 01:13:30,50 a system. We should never have an employee that takes documents and gives them to 762 01:13:30,51 --> 01:13:36,93 the news on elected official from the people. Where gossip goes on in the community 763 01:13:37,21 --> 01:13:41,10 and people get on their phone to spread all this kind of stuff that puts people in 764 01:13:41,11 --> 01:13:45,23 of all the situation an elected official shouldn't be there will no one good 765 01:13:45,24 --> 01:13:48,61 government comes here because you hear all the commissioners talking on the same 766 01:13:48,62 --> 01:13:53,07 level you hear America supports us and we say different thing and I'm looking for 767 01:13:53,08 --> 01:13:56,22 today I've been here three years and I'm looking for today when I see good 768 01:13:56,23 --> 01:14:02,21 government and us all speaking the same language Thank you. Commissioner Philbrick 769 01:14:02,21 --> 01:14:09,10 . Well this is 770 01:14:09,11 --> 01:14:13,46 a very interesting evening and. There's 771 01:14:13,47 --> 01:14:20,12 a lot of emotions in the US and there. And it 772 01:14:20,13 --> 01:14:25,36 has almost brought me to an emotional point of sadness that. 773 01:14:26,81 --> 01:14:27,100 We as 774 01:14:28,01 --> 01:14:35,38 a government are having trouble even respecting ourselves. So 775 01:14:35,38 --> 01:14:42,34 . I am sorry that certain people have had bad experiences. And I'm sure in my 776 01:14:42,35 --> 01:14:49,24 life I'm going to have some of my own. But I'm not going to 777 01:14:50,08 --> 01:14:56,91 relinquish the possibility of having. Our own 778 01:14:57,29 --> 01:15:04,13 ethics people here. For multiple reasons you can call it political You can call it 779 01:15:04,14 --> 01:15:09,03 anything you want to and the only person this is coming from is me because I 780 01:15:09,04 --> 01:15:13,07 haven't talked to anybody about this I've thought about it a lot but I have 781 01:15:13,08 --> 01:15:19,79 a talk. And I think that there are some things that we can change or 782 01:15:19,80 --> 01:15:25,63 probably tweak in our system that would make it. Work 783 01:15:25,64 --> 01:15:31,14 a lot better and I know they're planning on looking at that because they've already 784 01:15:31,15 --> 01:15:36,21 promised us they would and come back to us and tell us what they've come up with. 785 01:15:37,33 --> 01:15:40,72 Because I know they want it to work too because I don't want us all over all the 786 01:15:40,73 --> 01:15:43,46 time bugging them about whether doing 787 01:15:43,47 --> 01:15:48,90 a good job or not. Whether I would sit on an ethics commission myself Are you 788 01:15:48,91 --> 01:15:55,26 kidding no way. I mean that's not something the that I would want to do 789 01:15:56,42 --> 01:15:56,85 because it's 790 01:15:56,86 --> 01:16:01,81 a doggone tough thing to do but you know folks we ask people every day who are 791 01:16:01,82 --> 01:16:08,28 judges in this community to make decisions about people. 792 01:16:09,67 --> 01:16:15,73 And they know them they know of them and they have to make up right decisions 793 01:16:16,50 --> 01:16:23,16 based on the facts and that's what we ask our judges to do. OK 794 01:16:23,46 --> 01:16:30,35 And you guys elected us to make decisions for you in times when 795 01:16:30,36 --> 01:16:35,02 you don't have all the facts either that's why you elect us to get out to get as 796 01:16:35,03 --> 01:16:41,79 much information as we can and to make those decisions on those things and that's 797 01:16:41,80 --> 01:16:46,57 why we're all here that's why we all ran for office and I respect everybody here at 798 01:16:46,58 --> 01:16:48,32 this at this day S. 799 01:16:48,36 --> 01:16:55,18 And I respect you all here too for coming and for having your opinions. That's why 800 01:16:55,38 --> 01:17:00,36 this will work because you'll keep our feet to the fire and that's what I expect 801 01:17:00,37 --> 01:17:07,25 you to do thank you. All right so I'm seeing no further 802 01:17:07,26 --> 01:17:13,53 lights lit on the ethics issue. The second issue that we have on this. Meeting for 803 01:17:13,54 --> 01:17:19,24 tonight is the eating issue of the charter and the commissioners that requested 804 01:17:19,25 --> 01:17:24,87 this discussion on the charter or commissioners in commissioners Walker So 805 01:17:24,88 --> 01:17:28,06 Commissioner Gallus futile Yudof and the discussion of the charter. 806 01:17:34,52 --> 01:17:39,55 So why have the email you sent me said ethics and charter so did I misunderstand 807 01:17:39,56 --> 01:17:46,37 that. Regard. But I. 808 01:17:47,87 --> 01:17:53,15 Want all right and I want one All right Commissioner Walker. 809 01:17:55,80 --> 01:18:02,10 Raises issues and had this discussion with Mayor several commissioners privately. I 810 01:18:02,11 --> 01:18:02,41 have 811 01:18:02,42 --> 01:18:09,69 a boatload of anecdotal stories why I've reached this point. I 812 01:18:09,70 --> 01:18:15,26 think the one change in particular needs to be made to the commission Gannett and 813 01:18:16,01 --> 01:18:22,63 with the idea and framework that. It is my opinion after 814 01:18:22,94 --> 01:18:23,39 serving 815 01:18:23,40 --> 01:18:30,23 a year and my opinion from observing. Many 816 01:18:30,24 --> 01:18:37,06 years before. That the. Inability of 817 01:18:37,07 --> 01:18:43,58 a commission. To terminate in the ministry. Under any 818 01:18:43,59 --> 01:18:49,47 circumstances without the approval of the mayor the mayor or the initiation of the 819 01:18:49,48 --> 01:18:53,37 mayor's did wrong. Here again here's 820 01:18:53,38 --> 01:18:59,85 a little history. Once again this was not handed down and we have. Five people 821 01:19:00,15 --> 01:19:07,03 three Republicans two Democrats. One black one Hispanic one woman were 822 01:19:07,04 --> 01:19:09,67 appointed by the governor and they went through 823 01:19:09,68 --> 01:19:15,09 a process process details. Was there all there was also 824 01:19:15,30 --> 01:19:20,21 a retired Army colonel that was your executive director. And they came up with 825 01:19:20,22 --> 01:19:26,94 a point after hearing. I would guess just about everybody that wanted to speak on 826 01:19:26,95 --> 01:19:31,38 the subject speak on them. And in that land they made 827 01:19:31,39 --> 01:19:35,01 a decision that they would put before a book the people 828 01:19:35,97 --> 01:19:42,44 a plan that included the provision. Under no circumstances in the 829 01:19:42,45 --> 01:19:48,34 administrator the terminated unless the mayor initiated that process. 830 01:19:51,45 --> 01:19:56,68 I don't agree with that burden of proof or burden of. 831 01:19:58,07 --> 01:20:03,72 Persuasion. This isn't anything new I've had that conviction for 832 01:20:03,73 --> 01:20:10,53 a long time. Now. My only issue would be in there 833 01:20:10,54 --> 01:20:15,68 is in the in the. Charter itself 834 01:20:15,69 --> 01:20:22,50 a provision that the charter can be I'm and so it was for see. That 835 01:20:22,80 --> 01:20:29,70 this was not. A. Infallible document that it could be 836 01:20:30,03 --> 01:20:36,54 amended as needed over. I think the document has served this 837 01:20:36,55 --> 01:20:42,84 well in the main and it is been. A good a good move after 838 01:20:42,85 --> 01:20:45,87 a long struggle I think the first time there was 839 01:20:45,88 --> 01:20:49,72 a vote by the people with nine forty eight. Which 840 01:20:49,99 --> 01:20:55,04 a lot of ballots good old boys got the election turned around from approving 841 01:20:55,05 --> 01:21:00,17 a consolidation then to. It being defeated. 842 01:21:03,22 --> 01:21:10,21 I think. I could give. A recent example the trouble is I might have agreed with the 843 01:21:10,22 --> 01:21:15,52 administrative solution that was made. But it was the commission's decision to make 844 01:21:16,42 --> 01:21:22,59 and I think they are there needs to be an accountability. Of the administrator. 845 01:21:23,64 --> 01:21:30,56 To each and every commissioner of the. Now. I don't think you've got to like 846 01:21:30,57 --> 01:21:34,15 every commission and I'm sure that our previous administrator heads 847 01:21:34,44 --> 01:21:41,40 a number during his tenure that he didn't hear. But that person matters the same as 848 01:21:41,41 --> 01:21:48,24 the one that you consider your hour. Now my proposal would be that eight votes 849 01:21:48,68 --> 01:21:55,13 of the commission. Which would be sufficient to terminate the contract of the 850 01:21:55,21 --> 01:22:00,41 ministry. To pretty heavy burden theory. And there are 851 01:22:00,42 --> 01:22:04,03 a number of arguments why you could do it anyway I suppose we could go through the 852 01:22:04,04 --> 01:22:05,04 gymnastics as 853 01:22:05,05 --> 01:22:09,45 a commission if they'd of us wanted to do it that we could you know make life hard 854 01:22:09,46 --> 01:22:13,69 on the mayor until he capitulated or we could cut off budget funds for 855 01:22:14,27 --> 01:22:15,94 a good proposal to teach him 856 01:22:15,95 --> 01:22:21,96 a lesson and do those kinds of. The average see in the state house or in in 857 01:22:22,12 --> 01:22:27,09 Congress but we should not be required to. 858 01:22:29,57 --> 01:22:34,51 Make those kind of decisions. If eight people have lost confidence in the 859 01:22:34,52 --> 01:22:41,05 administrator. This is the time to do this if we're going to do. We have 860 01:22:41,06 --> 01:22:47,39 a new administrator he was not aware that this issue was out there it's been out 861 01:22:47,40 --> 01:22:54,06 there since before Mr Hayes retired. It was discussed that if you are treated the 862 01:22:54,07 --> 01:23:01,05 piper community. So. It's not in my 863 01:23:01,06 --> 01:23:07,28 mind a earth shaking. Change. But it does send 864 01:23:07,29 --> 01:23:12,74 a message that is the commissioner's whoever says to whether I'm here one term or 865 01:23:12,88 --> 01:23:19,43 more or more. That commissioner that sits in this seat isn't title 866 01:23:20,02 --> 01:23:23,52 beginning if you're from the administrator when they get it when they pose 867 01:23:23,53 --> 01:23:30,23 a question. And not one six months later. So. 868 01:23:32,21 --> 01:23:37,38 My attitude is is that the only way to do this now I would not agree to 869 01:23:37,39 --> 01:23:44,33 a six vote. Then good then politics comes 870 01:23:44,34 --> 01:23:50,73 into play. But. Ten votes and you still can't 871 01:23:51,04 --> 01:23:57,22 terminate the administrator you'll never convince me that that's right. And I do 872 01:23:57,23 --> 01:24:02,11 not want. To make a mockery of the decision we may in order to force 873 01:24:02,12 --> 01:24:08,89 a decision. That. We should be able to make certainly ten of us ought to be able to 874 01:24:08,90 --> 01:24:14,54 vote and be rid of it and minister and if there are factions justify if the person 875 01:24:14,68 --> 01:24:19,92 who's watched or confidence. So that's the only change I had in 876 01:24:19,93 --> 01:24:26,90 a. Pretty well satisfied with the rest of the. 877 01:24:26,91 --> 01:24:33,55 Commissioner came. Well I agree partly with Mr Walker I think age too 878 01:24:33,56 --> 01:24:39,53 much maybe six isn't enough maybe seven is the magic number. But I can tell you 879 01:24:39,54 --> 01:24:46,33 before that and this is no joke you know. By default or 880 01:24:46,34 --> 01:24:49,86 whatever you want to call it on the senior commissioner and there have been some 881 01:24:49,87 --> 01:24:52,75 commissioners in the past that perhaps got more than some of the other 882 01:24:52,76 --> 01:24:54,20 commissioners did because they're 883 01:24:54,21 --> 01:25:00,57 a little tighter to the mayors out. And back toward you know arms 884 01:25:01,02 --> 01:25:04,54 point of order I wasn't talking to you sir I was talking to the ones laughing Not 885 01:25:04,55 --> 01:25:05,56 that I'd you have 886 01:25:05,57 --> 01:25:08,94 a right to say whatever you want I just have asked the folks in the audience I 887 01:25:08,95 --> 01:25:14,90 think the diocese had model that of being respectful OK But here's the deal. 888 01:25:16,13 --> 01:25:19,40 And it is new and I want to discharge 889 01:25:19,41 --> 01:25:23,68 a change ever since I got here. To get it where that where the mayor doesn't have 890 01:25:23,69 --> 01:25:26,76 total control and I'm not saying that marked down 891 01:25:26,77 --> 01:25:33,13 a bad job I'm just saying that if seven or eight of us say this isn't work and that 892 01:25:33,24 --> 01:25:39,10 we need to do something. And he said if I think you said if the majority of you 893 01:25:39,11 --> 01:25:43,05 would do it well if you're not here it ought to be in writing for the next person 894 01:25:43,53 --> 01:25:46,31 again I've said repeatedly just people like to be mayor and everything's going to 895 01:25:46,32 --> 01:25:51,96 far all right. But but and here's something else you know if 896 01:25:51,97 --> 01:25:56,76 a commissioner washed to put some on the agenda. They should be able to put it on 897 01:25:56,77 --> 01:26:03,69 the agenda. You know and let the commission say yes or no not not 898 01:26:03,70 --> 01:26:06,73 to Mayor their ministers I don't want to tell an honor that might cause 899 01:26:06,74 --> 01:26:13,73 a little trouble. So what I'm saying that is is if the commissioner 900 01:26:13,74 --> 01:26:19,24 wants something put on or let him put on there let the commission vote on not let 901 01:26:19,25 --> 01:26:24,26 the mayor there mentor stranger or somebody say well you know we we don't want to 902 01:26:24,47 --> 01:26:28,91 make it look like we give in or we didn't give in and that's as open as it can get 903 01:26:29,58 --> 01:26:35,12 because I have yet to find something I want to bring up. But I think it would be 904 01:26:35,13 --> 01:26:40,13 good news at least under the agenda part but if I want to bring up some I would I 905 01:26:40,14 --> 01:26:44,23 would I would want to and I wouldn't want to say a mayor let me think about it for 906 01:26:44,24 --> 01:26:51,08 a month or two not that you would. Commissioner 907 01:26:51,09 --> 01:26:53,47 Walters. This is 908 01:26:53,48 --> 01:27:00,46 a topic that came up when you appointed three of us to look into the. Commission 909 01:27:01,03 --> 01:27:05,83 commissioner liaison position and one of the things that we had 910 01:27:05,84 --> 01:27:10,97 a general brainstorming session about was talking about how commissioners could be 911 01:27:10,98 --> 01:27:16,95 more effective in what they do and how they can accomplish what they either wanted 912 01:27:16,96 --> 01:27:23,69 to accomplish. For their district or. Wanted to accomplish in response 913 01:27:23,70 --> 01:27:30,01 to the people in their district so. To be more specific about what 914 01:27:30,66 --> 01:27:37,12 Commissioner Cain said we look dead Section five one three of the 915 01:27:37,13 --> 01:27:43,52 charter and it specifically is labeled commissioners and GEND the charter already 916 01:27:43,53 --> 01:27:49,71 reckon identifies that in each meeting we have. An agenda 917 01:27:50,61 --> 01:27:56,89 topic called commissioners agenda and I think the best way to accomplish what we 918 01:27:56,90 --> 01:28:00,59 want to accomplish or we thought would be helpful to the commissioners is to 919 01:28:00,60 --> 01:28:06,87 rewrite the very first sentence to say the commissioner's agenda shall be prepared 920 01:28:07,00 --> 01:28:13,49 by the administrator and at the direction of either the commission or an individual 921 01:28:13,60 --> 01:28:19,10 commissioner. That would allow. A commissioner or the commission as 922 01:28:19,11 --> 01:28:21,42 a entire body to place 923 01:28:21,43 --> 01:28:28,33 a gender topic on the next. Board meeting. And you read 924 01:28:28,34 --> 01:28:33,85 what it currently says for the public's benefit. I think it says the commissioners 925 01:28:33,86 --> 01:28:40,78 an agenda shall be prepared by the administrator subject to approval by the mayor 926 01:28:41,66 --> 01:28:48,41 and at the direction of either the commission or an individual mission or. And. 927 01:28:49,43 --> 01:28:55,85 I was around when they wrote their charter. Topic but it almost sounds like America 928 01:28:55,86 --> 01:28:56,86 has veto 929 01:28:57,93 --> 01:29:03,87 a forty on the any ardor prior to it even being heard by the public 930 01:29:04,62 --> 01:29:11,31 so I don't know what fostered the opinion or for that direction. But it 931 01:29:11,32 --> 01:29:16,33 seems out of place to me in this realm of open government right. 932 01:29:24,92 --> 01:29:29,70 Thanks Mayor I just added you know I agree with everything commissioner Kane and. 933 01:29:30,98 --> 01:29:36,97 Commissioner Walters has said. I disagree with Commissioner Walker and the six vote 934 01:29:37,02 --> 01:29:42,87 deal we have in America to democracy majority wins whether we like it or not it's 935 01:29:42,88 --> 01:29:49,06 the way it goes and also according to our commission according to our charter I do 936 01:29:49,07 --> 01:29:53,87 believe the mayor has the right to veto stuff so I don't think anybody's saying 937 01:29:53,88 --> 01:29:59,35 they want to take the mayor's veto power away I think they're just saying let's let 938 01:29:59,36 --> 01:30:04,69 the items come up on the agenda let them vote roll see where it lies and if it's 939 01:30:04,70 --> 01:30:07,45 unacceptable veto it. There's 940 01:30:07,46 --> 01:30:12,24 a process it's easy it's respectful It allows everyone to be heard but if 941 01:30:12,25 --> 01:30:18,56 commissioners are going to run for office work hard at that way and sit up here and 942 01:30:18,57 --> 01:30:24,96 then not be allowed to put items on the agenda. Then I would suggest we just do 943 01:30:24,97 --> 01:30:26,18 away commissions and we have 944 01:30:26,19 --> 01:30:32,89 a one man show that runs the entire unified government it be real efficient and you 945 01:30:32,90 --> 01:30:37,69 would have to mess around with everybody else and you could just move forward but I 946 01:30:37,70 --> 01:30:44,13 think it's smoke and mirrors when. People in the public vote people into office and 947 01:30:44,14 --> 01:30:48,53 they think that they have this level of authority that they don't have. 948 01:30:51,71 --> 01:30:55,54 So I just want to be clear so either we do have authority or we don't have 949 01:30:55,55 --> 01:31:00,41 authority and I just want the rules to be clear I'm OK really honestly would be 950 01:31:00,42 --> 01:31:03,81 there because I would rather not sit up here if I'm just going to be 951 01:31:03,82 --> 01:31:04,66 a bible head or 952 01:31:04,67 --> 01:31:10,39 a figurehead and nod my head for somebody else and what they want to do. So that's 953 01:31:10,43 --> 01:31:16,70 all I have. Mr Maddox thank you. 954 01:31:18,72 --> 01:31:25,58 We had prior conversation earlier today and we were it was mentioned some some 955 01:31:25,66 --> 01:31:28,28 newspaper writer called us 956 01:31:28,28 --> 01:31:35,01 a commission of activists. And just sitting there listening the day is 957 01:31:35,02 --> 01:31:39,99 pretty interesting I'll say this I'm looking forward to the day to sit on the 958 01:31:40,00 --> 01:31:45,08 commission where we actually work to get there we do work together but when we put 959 01:31:45,20 --> 01:31:49,67 genders together together they represent the community I do remember 960 01:31:49,68 --> 01:31:53,17 a while back to October of two thousand and thirteen when we had our strategic 961 01:31:53,18 --> 01:31:57,93 planning and we bought up about seven or eight different things that we wanted to 962 01:31:57,94 --> 01:32:04,44 bring forward and been we being some of the more important and some least 963 01:32:04,45 --> 01:32:08,01 important and then we move forward and it was brought in 964 01:32:08,02 --> 01:32:14,11 a special session we now believe where we had as outlined it didn't really fit the 965 01:32:14,12 --> 01:32:18,00 priorities that the commissioners had picked that the strategic planning and I 966 01:32:18,01 --> 01:32:22,54 started think to myself what's going to the strategic planning important off 967 01:32:23,04 --> 01:32:27,16 because after we had said there for about seven or eight hours and we have spoke 968 01:32:27,17 --> 01:32:30,10 about the things that were priorities that we wanted to address as 969 01:32:30,11 --> 01:32:34,35 a commission. Then as we move forward to 970 01:32:34,36 --> 01:32:39,06 a special session some of those things were put on the back burner and so I do 971 01:32:39,10 --> 01:32:42,91 understand with my fellow commissioners are speaking about today and I just hope 972 01:32:42,92 --> 01:32:43,74 that we will get to 973 01:32:43,75 --> 01:32:48,26 a point to where we prioritize around the elected officials that were put in office 974 01:32:48,56 --> 01:32:51,02 and that we all work together with the mayor to have 975 01:32:51,03 --> 01:32:53,60 a transparent government to the voters Thank you. 976 01:32:58,50 --> 01:33:04,55 And anyone else like to speak. All right. 977 01:33:08,04 --> 01:33:14,36 Both the item of terminations administrator and the commissioners agenda. Are items 978 01:33:14,37 --> 01:33:17,73 that are in the charter and Mr Walker is correct it does take 979 01:33:17,74 --> 01:33:24,74 a vote to change the charter. I believe. These are not 980 01:33:24,75 --> 01:33:30,60 small changes to the charter and consequential These are fundamental changes from 981 01:33:30,61 --> 01:33:34,99 my view. The form of government that was adopted by the people it's 982 01:33:35,00 --> 01:33:40,14 a lot of our charter is our constitution and this is these are pretty fundamental 983 01:33:40,66 --> 01:33:44,40 components of our form of government there are if you look out there across the 984 01:33:44,41 --> 01:33:49,35 cities across this country there are largely two forms of government there's 985 01:33:49,36 --> 01:33:51,44 a strong mayor in a weak mayor in 986 01:33:51,45 --> 01:33:55,11 a true strong mayor form of government the mayor not only hires the administrator 987 01:33:55,51 --> 01:34:02,04 and as the sole person appointed to do so but also. Hires the department heads 988 01:34:02,05 --> 01:34:08,19 police chief fire chief. Public works all of those are direct hires by the 989 01:34:08,60 --> 01:34:12,14 mayor and are accountable directly to the mayor as part of their Cabinet it's not 990 01:34:12,15 --> 01:34:13,75 dissimilar to how a governor runs 991 01:34:13,76 --> 01:34:18,96 a governor's cabinet at the state level. And so most of the cities that have strong 992 01:34:18,97 --> 01:34:25,15 their form of government are larger cities. Most cities and most because most 993 01:34:25,16 --> 01:34:27,80 cities are smaller have what's called 994 01:34:27,81 --> 01:34:30,70 a weak mayor form of government where the mayor serves as 995 01:34:30,71 --> 01:34:37,05 a presiding officer in the government. But doesn't have any unique authority 996 01:34:37,06 --> 01:34:42,57 whether it's vetoes setting the agenda or hiring or firing the administrator. And 997 01:34:42,58 --> 01:34:42,79 so in 998 01:34:42,80 --> 01:34:46,10 a weak form of the weak mayor form of government it can seem as Or he just went 999 01:34:46,11 --> 01:34:51,32 through this the mayor James lobbied to have the form of government change because 1000 01:34:51,33 --> 01:34:55,63 can see Syria is one of the few cities of that size that still has 1001 01:34:55,64 --> 01:34:58,75 a weak mayor form of government and he had lobbied for 1002 01:34:58,76 --> 01:35:02,97 a change in their charter that would allow a stronger mayor. And 1003 01:35:02,98 --> 01:35:07,21 a county actually is a hybrid we're not really a strong mayor we're not a sort of 1004 01:35:07,22 --> 01:35:12,46 a weak mayor form of government and the differences lie in these areas. A week 1005 01:35:12,47 --> 01:35:14,10 Mayor does not have veto authority 1006 01:35:14,11 --> 01:35:19,88 a strong mayor does so that's one difference the other is the setting of the agenda 1007 01:35:20,37 --> 01:35:20,42 of 1008 01:35:20,43 --> 01:35:25,88 a weak mayor does not have the same authority and determination of the administrator 1009 01:35:26,38 --> 01:35:32,59 we're hybrid because while I am called for in the charter. To recruit in the 1010 01:35:32,63 --> 01:35:35,42 interview and hire the administrator is subject to 1011 01:35:35,43 --> 01:35:40,32 a majority vote by the commission and that process is built in as 1012 01:35:40,33 --> 01:35:45,16 a check and balance and that's why if our citizens had wanted to true strong their 1013 01:35:45,17 --> 01:35:48,82 form of government they would have given that entire responsibility to the mayor 1014 01:35:48,83 --> 01:35:53,09 without the commission's vote and they would have also given the hiring of all of 1015 01:35:53,10 --> 01:35:58,64 the other department heads to the mayor without the commission to vote. But in fact 1016 01:35:58,84 --> 01:36:05,65 with our hybrid form of government. I appoint and then the commission has to 1017 01:36:06,65 --> 01:36:12,16 ratify that appointment or it doesn't move forward and so my decision on the recent 1018 01:36:12,17 --> 01:36:15,48 administrator higher was I wanted to include the admit that commissioners in the 1019 01:36:15,49 --> 01:36:22,17 process including commissioners in the selection of. The search firm included the 1020 01:36:22,18 --> 01:36:26,52 commissioners in the interviews of the final candidates and had extensive 1021 01:36:26,53 --> 01:36:27,53 conversations with that it was 1022 01:36:27,54 --> 01:36:32,29 a good collaborative effort I felt like under our charter. And it resulted in 1023 01:36:32,30 --> 01:36:38,61 a unanimous vote for Mr Bok. I think that it's one thing if. 1024 01:36:39,74 --> 01:36:40,03 There's 1025 01:36:40,04 --> 01:36:45,08 a difficulty with the implementation. I would also say there's nothing that's been 1026 01:36:45,09 --> 01:36:49,85 brought forward by the commissioners that I've not placed on an agenda. I've placed 1027 01:36:49,86 --> 01:36:54,53 everything on agenda I have because I'm up here full time I do work with the staff 1028 01:36:54,54 --> 01:36:59,09 to see when we can track those things in the first quarter I put everything that 1029 01:36:59,10 --> 01:37:02,47 route was relevant to the budget in the first quarter discussions and added 1030 01:37:02,84 --> 01:37:07,16 commission meetings to accommodate them and this discussion was one that was not 1031 01:37:07,35 --> 01:37:11,78 budget related and so I pushed it out until the beginning of the second quarter 1032 01:37:11,97 --> 01:37:17,02 which is why we're here today so in terms of whether or not we're going to strongly 1033 01:37:17,03 --> 01:37:17,16 or 1034 01:37:17,17 --> 01:37:23,59 a week may or form of government this is not. A small decision this is fundamental 1035 01:37:23,60 --> 01:37:27,63 to the way the unified government was structured and the intent of the people when 1036 01:37:27,64 --> 01:37:32,76 this form of government was voted upon I do agree democracy went and the people 1037 01:37:32,77 --> 01:37:39,47 voted and that vote has been. The foundation for our 1038 01:37:39,48 --> 01:37:45,45 unified government and I would say I've not met anyone in the public who has said 1039 01:37:45,96 --> 01:37:50,78 our government's not working well. I've not heard people say that we've not had 1040 01:37:50,79 --> 01:37:54,59 great success in unified government since one thousand nine hundred seventy really 1041 01:37:54,60 --> 01:38:00,09 an unprecedented success. In terms of this economic development we had over 1042 01:38:00,10 --> 01:38:05,80 a billion dollars in economic development last year in wind accounting in part it's 1043 01:38:05,81 --> 01:38:08,54 because of the structure of our government we don't have the city and county 1044 01:38:08,55 --> 01:38:13,21 bickering with one another we have a single decision making body and we have 1045 01:38:13,64 --> 01:38:17,90 a form of government that has been consistent and strong and I think the hallmark 1046 01:38:17,91 --> 01:38:23,87 of that has been the consistency of leadership. I don't see how this these issues 1047 01:38:23,88 --> 01:38:29,22 are affecting the delivery of service in our community I don't know how these 1048 01:38:29,42 --> 01:38:35,63 address commute can customer service I think these are issues that are fundamental 1049 01:38:35,63 --> 01:38:42,47 . And I believe this charter was established by the people voted on by the people 1050 01:38:43,01 --> 01:38:49,76 and these are not minor changes these are significant changes. So I 1051 01:38:50,07 --> 01:38:56,51 am of the mind to state the vernacular if it ain't broken don't fix it. If we 1052 01:38:56,52 --> 01:38:58,15 are if we have had 1053 01:38:59,10 --> 01:39:05,10 a model success in our community for urban communities across this country I would 1054 01:39:05,11 --> 01:39:09,30 say the form of government we have has been strong. And I would say it has been 1055 01:39:09,31 --> 01:39:15,50 successful and so I was certainly would not support this and I would ask any of the 1056 01:39:15,51 --> 01:39:19,10 commissioners I mean you know how Walker you know I've talked about this if you 1057 01:39:19,11 --> 01:39:24,62 were sitting in my chair would you support these changes course look so I think 1058 01:39:24,63 --> 01:39:27,05 that's the issue. But now a little bit of 1059 01:39:27,06 --> 01:39:32,91 a reason well but perhaps So I think the issue though is. And I was 1060 01:39:32,92 --> 01:39:39,13 a conversation I just had with Commissioner Walker. But the issue is these are 1061 01:39:39,14 --> 01:39:41,39 fundamental changes to our form of government it's 1062 01:39:41,40 --> 01:39:45,62 a check and balance that the people the city said they wanted and they've continued 1063 01:39:45,63 --> 01:39:49,78 to elect to this strength of Mayor it's a hybrid it's not 1064 01:39:49,79 --> 01:39:53,03 a true strong mayor it's not a weak mayor. And it's 1065 01:39:53,04 --> 01:39:59,37 a unique and amazingly effective form of government so I certainly would not 1066 01:39:59,38 --> 01:40:06,36 support these changes moving forward Mr Cain thank you Mayor. And you 1067 01:40:06,40 --> 01:40:12,44 and you are the mayor here go down about that. But what it's and you know you did 1068 01:40:12,45 --> 01:40:19,11 a really good explainer So I mean if I said to him I believe it but But what you're 1069 01:40:19,12 --> 01:40:25,10 saying to me is as long as you get what you want it's OK but if we want some 1070 01:40:25,11 --> 01:40:31,11 medicine you don't want it well it's not going to have what I feel. And. 1071 01:40:33,11 --> 01:40:37,37 You know it's even like when we were voting on the AT LARGE commissioners deal you 1072 01:40:37,38 --> 01:40:37,80 know we had 1073 01:40:37,81 --> 01:40:42,00 a golden opportunity to fill or see an issue on I'm not going to do it and in my 1074 01:40:42,01 --> 01:40:47,31 mind right now you're saying Yeah I hear everything you folks are saying but at the 1075 01:40:47,32 --> 01:40:54,27 end of the day the man and that is not right that that that meshes that 1076 01:40:54,28 --> 01:41:00,64 you're trying to share that is not broken don't fix it well I think it is broke and 1077 01:41:00,65 --> 01:41:07,61 I think it needs to be fixed and. If I was sitting in your chair I would do 1078 01:41:07,62 --> 01:41:14,18 it. Because I wanted people to know that they did the entire decision didn't come 1079 01:41:14,19 --> 01:41:20,29 from one person it came from the entire group. And when when the entire group 1080 01:41:20,30 --> 01:41:25,78 speaks it speaks volumes but when only one person has control over what hits the 1081 01:41:25,79 --> 01:41:32,56 table or what we can vote on or what we can talk about. That's not 1082 01:41:32,91 --> 01:41:39,05 transparent what that is is I'm the king in the sandbox I've got the gavel and you 1083 01:41:39,06 --> 01:41:43,15 Commissioner Cain at their own district five you've got no control because I have 1084 01:41:43,16 --> 01:41:49,36 control and I really don't like that. From the mistake and I'm certain there are 1085 01:41:49,37 --> 01:41:55,90 provisions for the commissioners to place items on the agenda. You just said 1086 01:41:55,91 --> 01:42:00,63 a little while ago when I went in and said that that you take that into 1087 01:42:00,64 --> 01:42:05,72 consideration and the way I felt what you took was I'm not going to put it on there 1088 01:42:06,22 --> 01:42:11,76 I did not say that the way it came out to me early still way I felt you know and 1089 01:42:11,77 --> 01:42:16,37 I've never asked you to put some on the agenda but if I do or how my lobby like you 1090 01:42:16,38 --> 01:42:21,84 can't believe but Mark if the people at the commissioners feel strong enough that 1091 01:42:21,85 --> 01:42:27,42 they want something there then let the rest of us say hey this isn't going to work 1092 01:42:27,93 --> 01:42:33,01 and let it go down in flames but by by you to say and did that then you're right 1093 01:42:33,02 --> 01:42:33,57 it's just it's 1094 01:42:33,58 --> 01:42:38,49 a strong mayor position there's no doubt but it but here's the deal are we supposed 1095 01:42:38,50 --> 01:42:38,67 to be 1096 01:42:38,68 --> 01:42:43,78 a strong commission. We're only as strong as the weakest person up here and if we 1097 01:42:43,79 --> 01:42:47,96 don't all strive to work together and not have one person pick what you want to 1098 01:42:47,97 --> 01:42:52,44 talk about today and not pick what you want to talk about tomorrow that's the wrong 1099 01:42:52,45 --> 01:42:59,43 message. Commissioner Mark with. Me or I would be interested to have 1100 01:42:59,50 --> 01:43:03,60 we will review our charter to see whether there is an avenue to get something on 1101 01:43:03,61 --> 01:43:07,45 the agenda without mayor pro ball but my interpretation from reading it myself is 1102 01:43:07,46 --> 01:43:14,08 that every avenue available has the option from the mayor to disapprove he added 1103 01:43:14,09 --> 01:43:18,08 item obviously if there is an avenue for us to get things on the agenda this is the 1104 01:43:18,09 --> 01:43:23,07 question is moot we're happy to do it that way but that just as far as I can tell 1105 01:43:23,08 --> 01:43:30,02 is not the case. Sure anyone else who would 1106 01:43:30,03 --> 01:43:36,05 like to speak Mr Makiya. Bear I got to say this listen since you've been mayor 1107 01:43:36,20 --> 01:43:40,87 things have gone really well surprisingly to me between the two of us I'm just 1108 01:43:40,88 --> 01:43:45,34 going to say it and I think things are going very well at this commission I think 1109 01:43:45,35 --> 01:43:50,20 some of us have had some hiccups some of us have not in but in general we've worked 1110 01:43:50,21 --> 01:43:54,71 all really well together I just hope I mean Mayor I think you know better than 1111 01:43:54,72 --> 01:43:58,59 anybody that this group of people up here want good things for one our county and 1112 01:43:58,60 --> 01:44:02,31 we're all of the cool people we want to do the right thing we make mistakes 1113 01:44:02,32 --> 01:44:07,36 sometimes but I think we all try to get back on the right track and I just have to 1114 01:44:07,37 --> 01:44:09,91 say out loud I hope you're not doing this because 1115 01:44:09,92 --> 01:44:14,38 a former politician sitting in the crowd and I hope you're not being controlled by 1116 01:44:14,39 --> 01:44:18,13 other people I hope that's not happening because I would think they had to let me 1117 01:44:18,14 --> 01:44:22,34 mention izing to suggest that might be true I just while it's just odd because I 1118 01:44:22,35 --> 01:44:24,44 have I didn't know you well for 1119 01:44:24,45 --> 01:44:28,47 a long time and I've gotten to know you well in the last year and I will say 1120 01:44:28,48 --> 01:44:32,05 publicly you do strike me as a man of integrity and 1121 01:44:32,06 --> 01:44:36,99 a man that's courageous I heard that a lot over the campaign trail that you're 1122 01:44:37,00 --> 01:44:41,38 a courageous man and it's not shouldn't always be about politics it should be about 1123 01:44:41,39 --> 01:44:45,47 being courageous and doing the right thing and you know I don't say this very often 1124 01:44:45,48 --> 01:44:49,36 came up right fall off his chair but that's the most eloquent I've ever heard my 1125 01:44:49,37 --> 01:44:53,63 cane speak in the seven years I've been up here I mean you talk about speaking from 1126 01:44:53,64 --> 01:44:58,56 the bottom of your heart I mean if he's just saying we're all doing 1127 01:44:58,57 --> 01:45:02,85 a good thing up here we all want good things to happen all over wind I count I mean 1128 01:45:02,90 --> 01:45:07,98 that's the most genuine I've ever heard the guy and I don't think anybody up here 1129 01:45:08,06 --> 01:45:12,83 is trying to do anything to take your power away whatever you nobody's asked him to 1130 01:45:12,84 --> 01:45:13,27 remove 1131 01:45:13,28 --> 01:45:20,30 a veto we're just asking to be heard so I mean this sincerely I 1132 01:45:20,31 --> 01:45:20,82 feel like we have 1133 01:45:20,83 --> 01:45:26,60 a good working relationship I don't want it to change over minor changes and I do 1134 01:45:26,61 --> 01:45:32,16 think they're minor the power still lies with you and I respect that I have 1135 01:45:32,17 --> 01:45:36,99 a great deal of respect for that. All they were asking is to be heard and laugh 1136 01:45:37,29 --> 01:45:44,15 though it never vote roll that's it. Anyone else. 1137 01:45:48,90 --> 01:45:55,03 All right I see no one else. Moving to speak on this issue 1138 01:45:55,75 --> 01:46:02,39 so the issue. We have the ethics ethics before us and we have forwarded this 1139 01:46:02,43 --> 01:46:08,35 meeting. Copy to the ethics to the Legislative Auditor for review on 1140 01:46:08,36 --> 01:46:11,44 a number of items and I expect we'll hear back from them. 1141 01:46:15,56 --> 01:46:20,18 Commissioner Maddox thank you I don't mean to cut you off but I'd like to add to 1142 01:46:20,19 --> 01:46:26,84 that list it goes to the. Legacy of Oliver to add in their time their DOS and 1143 01:46:26,92 --> 01:46:33,61 serve it was on the website I was told. That there is currently no time 1144 01:46:33,62 --> 01:46:38,87 period. That we're going to have in terms of the code but when commissioners are 1145 01:46:38,88 --> 01:46:44,76 saying served as to how long it will stay on the website. So I like that added to 1146 01:46:44,77 --> 01:46:50,00 the list of things that go to the county auditors. And I'd like to. 1147 01:46:51,85 --> 01:46:58,25 Have us look closer into an ethics when they exist. Administrators has the power 1148 01:46:58,70 --> 01:47:01,62 to investigate and possibly issue 1149 01:47:01,63 --> 01:47:07,50 a sensor to the public as proven documents I like to see that person be proven 1150 01:47:07,51 --> 01:47:12,52 investigator have some kind of typical of some sort they're qualified doing to. 1151 01:47:13,77 --> 01:47:19,90 Actually investigate something then presented as fact. OK that is in the record it 1152 01:47:19,91 --> 01:47:26,20 will be forwarded to the legislative body. All right so that concludes the 1153 01:47:26,21 --> 01:47:31,93 discussion on the ethics and the charter and I want to thank everyone for coming 1154 01:47:31,94 --> 01:47:36,21 out tonight and I want to thank the commissioners for requesting that this get 1155 01:47:36,22 --> 01:47:42,96 placed on the agenda. And for the opportunity to for everyone to air your concerns 1156 01:47:42,97 --> 01:47:43,03 in 1157 01:47:43,04 --> 01:47:50,07 a public forum so thank you. We have one other agenda item right now 1158 01:47:50,08 --> 01:47:55,47 that I'm actually going to defer. It is ten till seven and we have 1159 01:47:55,48 --> 01:48:00,49 a seven o'clock meeting both the next agenda item and the. 1160 01:48:02,61 --> 01:48:09,52 Exact. Executive Session. Are not time sensitive they can't be postponed until 1161 01:48:09,53 --> 01:48:16,52 after the seven o'clock meeting and so I will handle. The healthy campus piece as 1162 01:48:16,53 --> 01:48:21,74 an announcement at the end of the seven o'clock meeting and we'll have the. The 1163 01:48:22,29 --> 01:48:26,85 executive session then immediately after that and that will close out the public 1164 01:48:26,86 --> 01:48:29,33 session we can go upstairs and I understand it's 1165 01:48:29,34 --> 01:48:33,44 a brief executive session so we can handle it in due course what I am going to do 1166 01:48:33,45 --> 01:48:34,05 is call for 1167 01:48:34,06 --> 01:48:37,76 a ten minute recess until our seven o'clock meeting this five o'clock session is 1168 01:48:37,77 --> 01:48:38,15 adjourned.